Jennifer A. v. Superior Court

Introduction

Petitioner Jennifer A. (Mother) is the mother of Christian A. and James C. (the children). Christian, now seven and a half years old, and James, now three years old, were placed in protective custody in July 2002. By petition filed pursuant to rule 39.IB of the California Rules of Court, Mother seeks relief from the juvenile court’s order terminating reunification services and setting a hearing under Welfare and Institutions Code section 366.26 to consider a permanent plan and the termination of parental rights. (All further statutory references are to the Welfare and Institutions Code.) The section 366.26 hearing is scheduled for May 3, 2004. We hold substantial evidence does not support the finding that returning the children to Mother’s physical custody would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the children. We therefore grant the petition and issue the writ.

In July 2002, the Orange County Social Services Agency (SSA) detained the children after Mother, a single parent, left them alone in a motel room while she went to work. As early as the six-month hearing, Mother’s social worker and…