Judith P. v. Superior Court
Opinion
Opinion
Croskey, J.
In this dependency case, Judith P. challenges the order of the trial court made at a scheduled hearing under Welfare and Institutions Code section 366.21, subdivision (f), (1) terminating her right to reunification services and (2) denying her request for a continuance and the setting of the matter for contested hearing. Judith P. is the mother of three children, Chelsea (approximately 14 years old), Courtney (approximately 11 years old) and Casey (approximately five and one-half years old).
The trial court made its order in accordance with the recommendations of the status report prepared and submitted by the Los Angeles County Department of Children and Family Services (DCFS), a copy of which had not been served upon Judith P. (hereafter, Mother) or her counsel until the morning of the hearing. This is contrary to the express mandate of section 366.21, which requires that the status report be served “\a\t least 10 calendar days” prior to the hearing date. We hold that the failure to provide timely service of such report constituted a denial of due process that compels reversal and remand of the trial court’s order.