Maggie S. v. Superior Court

Maggie S. (Mother), who was incarcerated when she gave birth to A.C., appeals from the trial court’s February 27, 2012 jurisdictional and dispositional orders adjudging A.C. a dependent of the court pursuant to Welfare and Institutions Code section 300, subdivisions (b) and (g). Mother contends that the court erred in asserting jurisdiction over A.C. because, contrary to the representations of the Los Angeles County Department of Children and Family Services (DCFS), at the time of the jurisdiction hearing she had made arrangements for A.C.’s care by Mother’s godmother, Mary K. We construe Mother’s appeal as a petition for extraordinary writ. We agree with Mother that jurisdiction was improperly asserted, and we grant the petition and reverse the jurisdictional and dispositional orders of the court.

BACKGROUND

January 6, 2012 petition and detention report

On January 6, 2012, DCFS filed a petition pursuant to section 300, subdivisions (b) and (g) on behalf of seven-day-old A.C. The petition alleged under both subdivisions that on the date of A.C.’s birth in December 2011, Mother “was incarcerated and . . . made an inappropriate plan for the child’s ongoing care and…