Damari Y., In re (2023) A166037 A166037; filed 6/12/23. ![[Files/CaseFiles/A166037.PDF]] [Opinion PDF](https://www.courts.ca.gov/opinions/archive/A166037.PDF) ## Rule excerpts Welfare and Institutions Code section 388; quoting In re Marilyn H. (1993) 5 Cal.4th 295, 309-310 and In re Justice P. (2004) 123 Cal.App.4th 181, 189. Second excerpt addresses missing writ advisement under rule 5.590(b). > The court may summarily deny a section 388 petition without an evidentiary hearing if the petition “fails to state a change of circumstances or new evidence that may require a change of order . . . or fails to show that the requested modification would promote the best interest of the child.” (Rule 5.570(d)(1); see also In re R.A. (2021) 61 Cal.App.5th 826, 836 (R.A.) [discussing grounds for denying an evidentiary hearing].) But a petition must “be liberally construed in favor of granting a hearing to consider the parent’s request,” and “[t]he parent need only make a prima facie showing to trigger the right to proceed by way of a full hearing.” (In re Marilyn H. (1993) 5 Cal.4th 295, 309-310.) “In determining whether the petition makes the necessary showing, the court may consider the entire factual and procedural history of the case.” (In re Justice P. (2004) 123 Cal.App.4th 181, 189.) — Damari Y., In re (2023) A166037, slip op., p. 11. > In light of the juvenile court’s failure to provide Father with notice of the writ requirement, we find good cause to consider the merits of his appeal. (See In re A.A. (2016) 243 Cal.App.4th 1220, 1245 [failure to provide “timely and adequate notice” of writ advisement as required by rule 5.590(b) constitutes good cause to excuse failure to file writ petition and consider claim of error on appeal]; In re Cathina W. (1998) 68 Cal.App.4th 716, 722 [good cause shown for parent’s failure to file writ petition under section 366.26, subd. (l) where court fails “to discharge its duty to give . . . timely, correct notice” as required by the California Rules of Court].) — Damari Y., In re (2023) A166037, slip op., p. 12.