SHEILA S. v. Superior Court

This is a petition for extraordinary writ challenging the findings and orders of the juvenile court in setting a hearing pursuant to Welfare and Institutions Code section 366.26. (§ 366.26, subd. (l); Cal. Rules of Court, rule 39.IB.) Sheila S., mother of the children at issue here (mother), argues that the juvenile court erred in granting a section 388 petition and ordering a bypass of mother’s existing reunification services. We conclude that a section 388 petition is an appropriate vehicle for modifying a dispositional order and for ordering a bypass of reunification services. We also conclude that substantial evidence supports the juvenile court’s findings and orders. Hence, we will deny the petition.

Facts and Procedural History

On August 13, 1999, the Santa Clara County Department of Family and Children’s Services (the Department) filed separate petitions as to the children Maria J. (born in 1989), Juan J. (born in 1988), and Matthew J. (born in 1992), pursuant to section 300. The Department filed first amended petitions on August 19, 1999, and the children were ordered detained on August 20, 1999. The Department filed second amended petitions on September 1,…