KIMBERLY R. v. Superior Court

Kimberly R., mother of six-year-old dependent Arthur V., challenges the juvenile court’s procedure denying the San Diego County Health and Human Services Agency’s (Agency) request to dismiss a supplemental petition and allowing minor’s counsel to pursue the petition. Kimberly also claims insufficient evidence supports the court’s true finding on the supplemental petition that removed Arthur from her custody. We decide the Agency may not unilaterally dismiss a supplemental petition it filed to remove a dependent child from a parent’s physical custody over the objection of minor’s counsel. Upon an objection, the Agency must show that dismissal is in the interests of justice and welfare of the child. Here, the court followed an unauthorized trial procedure but the error was harmless. We agree with Kimberly the true finding is not supported by substantial evidence and grant the petition.

Factual and Procedural Background

In the past, Kimberly abused heroin and cocaine and was diagnosed as bipolar with schizo-affective disorder. In June 1999 a deputy sheriff found Arthur, then nearly three years old, unsupervised in Kimberly’s apartment. Kimberly’s brother was passed out…