GUADALUPE A. v. Superior Court

Statement of the Case

Guadalupe A. was born to Rosa F., also known as Rosa V, on February 5, 1989. Guadalupe was detained and placed in foster care on February 24, 1989, when both Rosa and Guadalupe’s father, Irineo A., were incarcerated on narcotics charges. A Welfare and Institutions Code section 300 petition was filed on February 28, 1989, alleging Guadalupe’s parents were unable to provide for her support. This petition was amended in May 1989 to additionally allege that Guadalupe had been born addicted to cocaine and had developed serious medical problems which rendered her parents incapable of caring for her.

A combined adjudication and disposition hearing was held July 5, 1989. The court found the allegations of the petition to be true and adjudged Guadalupe a dependent child of the court. The court ordered Guadalupe to remain in foster care with reunification services to be provided to her parents.

The 12-month status review hearing was continued 4 times for various reasons. Consequently, the hearing did not take place until December 3,4, 5, 13, 14, and 19, 1990, nearly 18 months after the initial disposition hearing. At the outset, the referee noted there was…