Mother appealed from the order of the juvenile court denying her petition under Welfare and Institutions Code section 388 and terminating her parental rights under section 366.26. Mother argued that the juvenile court applied the incorrect evidentiary standard to the section 388 petition. The Court of Appeal found that juvenile court incorrectly applied the clear and convincing standard to whether or not to grant the section 388 petition. The Court of Appeal remanded the matter to the juvenile court to apply the correct burden of proof.
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