TONYA M. v. Superior Court

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Tracey Dodds, Senior Deputy County Counsel, for Real Party in Interest.

Children's Law Center of Los Angeles, Kristen N. Walker for Minor.

MANELLA, J.

This case addresses the time period a juvenile court must consider at the six-month review hearing held pursuant to Welfare and Institutions Code section 366.21, subdivision (e), when determining whether return of a child under the age of three to his or her parent is likely. The statute instructs the court, if it finds a "substantial probability" that the child may be returned "within six months," to "continue the case to the 12-month permanency hearing." Disagreeing with Dawnel D. v. Superior Court (1999) 74 Cal.App.4th 393 , 87 Cal.Rptr.2d 870 and agreeing with Jessica A. v. Superior Court (2004) 124 Cal.App.4th 636 , 21 Cal.Rptr.3d 488 , we conclude that in determining whether such probability exists, the court need not look beyond the date of the 12-month permanency hearing.

Petitioner Tonya M. is the mother of I.D., born in October 2005. Real party the Department of Family and Children's Services (DCFS) filed a petition under Welfare and…