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M.T. v. Superior Court

Good Law
101 Cal. Rptr. 3d 183·178 Cal. App. 4th 1170·2009 Cal. App. LEXIS 1748
Court of Appeal of CaliforniaOctober 30, 2009A125704California4,042 words

Opinion

Opinion

McGUINESS, J.

Petitioner M.T. is the presumed father of three children who have been in long-term foster care since 2004. At a postpermanency status review hearing, the juvenile court set the matter for a Welfare and Institutions Code section 366.26 hearing to consider modifying the permanent plan for two of the children from long-term foster care to adoption. Petitioner seeks extraordinary writ review of the court’s order, asserting he was entitled to a hearing to contest the recommendation of the San Francisco Department of Human Services (Department) to refer the matter to a section 366.26 hearing. He claims the court erred in requiring him to make an offer of proof to justify a contested hearing. We deny the petition.

Factual and Procedural Background

On May 9, 2002, the Department filed a petition alleging that two sisters, each of whom has the initials L.T., and their brother, N.T., came within the jurisdiction of the juvenile court under subdivisions (a), (b) and (g) of section 300. At the time, older sister was seven, younger sister was three, and N.T. was five. Petitioner was identified as the alleged father of the children. Among other things, the Department alleged that…

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