AMANDA H. v. Superior Court

INTRODUCTION

Petitioner Amanda H. is the mother of Miguel G., Jr. (age eight), and Federico (Freddy) G. (age seven). Both Miguel and Freddy are dependents of the juvenile court. On January 28, 2008, the juvenile court terminated reunification services and set a permanency planning hearing under Welfare and Institutions Code section 366.26. Mother filed a petition for extraordinary relief under California Rules of Court, rule 8.452. Mother argues that the Los Angeles County Department of Children and Family Services (DCFS) did not prove by clear and convincing evidence that it had provided reasonable services. We agree and grant the petition.

PROCEDURAL BACKGROUND AND FACTS

Mother and DCFS have set out the complete history of the juvenile court proceedings in their briefs. We need not repeat that history except when necessary to address the specific claims for extraordinary relief.

The children were detained on November 3, 2006. Both parents submitted to the amended petition at the jurisdiction hearing on December 7, 2006. The sustained petition alleged that, during a violent domestic altercation between the children’s father, Miguel, Sr., and mother, she struck him…