In Re Heather P.

David D. Carico, under appointment by the Court of Appeal, for Minor.

OPINION

BEST, J. —

A petition was filed on February 26, 1986, in Kern County Superior Court alleging that Heather P., then one year of age, came within the provisions of Welfare and Institutions Code section 300, subdivision (a). [1]

The petition contained the following special allegations: "1. On or about February 24, 1986, said minor's mother was arrested on an out-of-county warrant for theft.

"2. Said minor's mother has a history of mental problems and has been hospitalized several times during the past few years due to these problems.

"3. Said minor's mother has had her two other children removed and subsequently freed for adoption in Los Angeles County due to said minor's mother's inability to care for and supervise the children."

At the February 27, 1986, detention hearing, Mary Kuhn, appellant herein and Heather's mother, denied the allegations of the petition. The court found Heather to be a person described by section 300, subdivision (a), and continued the matter for a contested jurisdiction hearing. The court further ordered that Heather was to remain in shelter care or "emergency rate home"…