CHERYL S. v. Superior Court

In Cresse S. v. Superior Court (1996) 50 Cal.App.4th 947 [ 58 Cal.Rptr.2d 56 ], Division Two of our Court gave notice to the bar that meaningful compliance with rule 39.IB of the California Rules of Court is mandatory, and that vague claims of reversible error unsupported by specific factual averments will henceforth result in orders dismissing rule 39.IB petitions. We publish this opinion to give notice that Division One agrees wholeheartedly with Division Two and that we too will henceforth dismiss inadequate rule 39.IB petitions.

Facts

Reports of general neglect brought Cheryl S. and her six children to the attention of the Department of Children and Family Services in 1992, at which time voluntary services were offered in an effort to keep the family together. The effort was for naught. Cheryl’s two oldest children, Kevin P. and James P., now live with their father and his wife (and they are not parties to these proceedings). Cheryl’s four younger children, David W. (now 13 years old), Paul W. (10), Juliana W. (7) and Samantha S. (5), were placed in shelter care in May 1994, because Cheryl (who was then living with three men on parole, in a house strewn with animal…