Section 387 Petition California

In In re Jonique W. (1994) 26 Cal.App.4th 685, the juvenile dependency court denied the grandmother's (who was also the de facto parent) request for a contested hearing on the Welfare and Institutions Code (WIC) section 387 petition which alleged that she had not protected the minors in her home. The court of appeal concluded that the grandmother as the custodial relative and de facto parent had been denied her procedural rights to present evidence and participate in the section 387 petition proceedings. The court concluded that while de facto parents and custodial relatives did not have all the substantive rights and preferences as legal parents or guardians, they had certain procedural rights to assert and protect their interests in the child in section 387 proceedings where their conduct and removal of the minors from them was at issue. (Id. at pp. 692-693.)