DAWNEL D. v. Superior Court

Dawnel D. petitions for extraordinary relief from Orange County Juvenile Court orders terminating reunification services at the six-month review hearing and scheduling a Welfare and Institutions Code section 366.26 permanency hearing for her daughter Mollie. She contends the court abused its discretion when it terminated reunification services after only six months because she regularly participated in court-ordered reunification services. She also argues, correctly we think, that the court examined the wrong time frame when it determined there was no substantial probability she would reunify with Mollie. Finally, she claims termination of services after only six months violated her substantive due process right to parent.

While we are not persuaded by Dawnel’s first and third contentions, we agree the court based its determination regarding the probability of reunification on too short a time period. Consequently, we direct issuance of a writ of mandate directing the court to reexamine the likelihood of reunification.

I

Mollie was bom addicted to amphetamines on June 10, 1998. At the time of her daughter’s birth, Dawnel tested positive for both amphetamines and…