In re Samuel A.
Annotate this Case
Mother petitioned under Welfare and Institutions Code sections 388 and 390 to set aside jurisdiction findings concerning her alcohol abuse and mental instability and to terminate dependency jurisdiction after a court-ordered psychiatric evaluation found that she was not mentally ill and did not meet the diagnostic criteria for alcohol use disorder.
The Court of Appeal reversed the juvenile court's order summarily denying mother's section 388 petition and held that the juvenile court incorrectly characterized her petition as an untimely new trial motion under Code of Civil Procedure section 659. The court remanded for the juvenile court to determine whether mother has made the required prima facie showing that terminating dependency jurisdiction would be in the child's best interests. If such a showing has been made, the juvenile court is to conduct a hearing on the merits of the petition.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.