LAURIE S. v. Superior Court

— Laurie S. petitions for a writ of mandate after the court ordered her to submit to a psychological evaluation before the jurisdictional hearing in this dependency proceeding concerning her infant daughter Ciebrianna G. Laurie contends the court lacks authority to order her to undergo a psychological evaluation before a finding of jurisdiction and the order violates her privacy and due process rights. Laurie also objects to the court’s ruling her psychological evaluations from earlier dependency proceedings may be admitted in evidence at this jurisdictional hearing. We conclude the court may not order a parent to submit to a psychological evaluation for discovery purposes before his or her child is adjudged a dependent under Welfare and Institutions Code section 300, and grant that portion of the petition. Laurie’s claim of error as to the admissibility of evidence is not reviewable on a petition for writ of mandate and we deny that portion of the petition.

Factual and Procedural Background

Ciebrianna was bom on September 15, 1993. On January 10, 1994, San Diego County Department of Social Services (Department) petitioned to declare Ciebrianna a dependent under section…