L.M. v. Superior Court CA2/2

Filed 3/19/25 L.M. v. Superior Court CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

L.M., B342592 (Los Angeles County Petitioner, Super. Ct. No. 18CCJP04689D) v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Real Party in Interest.

ORIGINAL PROCEEDING. Petition for extraordinary writ. (Cal. Rules of Court, rule 8.452.) Stephen Marpet, Judge. Petition granted and remanded.

Los Angeles Dependency Lawyers, Law Office of Martin Lee, Dominika Campbell and Hannah Nava-Holstein for Petitioner. Children’s Law Center of California, Kristin Hallak and Arianna Caruso for Minor. No appearance for Respondent. Dawyn R. Harrison, County Counsel, and Sally Son, Deputy County Counsel, for Real Party in Interest.

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Petitioner L.M. (guardian) challenges the juvenile court’s order denying return of the child, K.A., and setting a hearing pursuant to Welfare and Institutions Code section 366.26.1 The guardian contends the court failed to consider all relevant factors in light of recent changes to section 366.25. The guardian requests the order be reversed or, alternatively, the case be remanded for the court to hold a new hearing consistent with the changes in the relevant law. We conclude a new hearing should be held under section 366.25 to determine if returning K.A. would present a substantial risk of detriment to the child based on current circumstances. Thus, the petition for remand of the matter for the court is granted to hold a new hearing in accordance with section 366.25.