SUZANNE J. v. Superior Court

This petition concerns eight-year-old Allen, six-year-old Kyle, and four-year-old Amanda S., who were declared dependent minors of the juvenile court on August 30, 1994. At the contested 12-month review hearing on December 5-6, 1995, the court found reasonable reunification services had been provided, ordered them terminated, and scheduled a selection and implementation hearing pursuant to Welfare and Institutions Code section 366.26. The public defender, acting on behalf of Suzanne J., the mother, filed a petition for extraordinary writ relief which challenged the order setting the selection and implementation hearing and barring any visitation between Suzanne and the minors pending the hearing. (See Welf. & Inst. Code, § 366.26, subd. (l).)

The social services agency argues we must dismiss the petition because Suzanne did not sign it, and there is no evidence she consented to its filing or continues to assert parental rights to the minors. (See Guillermo G. v. Superior Court (1995) 33 Cal.App.4th 1168, 1174 [ 39 Cal.Rptr.2d 748 ].) On its face, the record supports that assertion. Suzanne’s trial attorney signed the notice of intent and listed Suzanne’s address as…