Child Adoption Whose Parent ''Returns'' After His Whereabouts Was Unknown

In In re Baby Boy L. (1994), 24 Cal. App. 4th 596, a mother's whereabouts were unknown and she was denied services under section 361.5, subdivision (b)(1). The mother later appeared at a review hearing requesting reunification services be instituted. (24 Cal. App. 4th at p. 601.) The juvenile court denied a contested hearing in the absence of a section 388 petition and referred the matter for selection and implementation of a permanent plan. (24 Cal. App. 4th at pp. 601-602.) The court later freed the child for adoption at the section 366.26 hearing. The appellate court, relying on In re Marilyn H. (1993), 5 Cal. 4th 295, affirmed stating that "when a child has been removed from parental custody under section 361.5, and the court has determined that reunification services need not be offered or should be terminated, . . . it is not unduly burdensome to shift the burden to the parent to file a petition based upon changed circumstances, in order to have the child returned." (Baby Boy L., supra, 24 Cal. App. 4th at p. 609.)