TAYLOR M. v. Superior Court

Five-month-old Taylor M. has filed a petition for writ of mandate challenging the juvenile court’s dismissal of her dependency petition. She contends she was denied due process because (1) the court dismissed the petition without notice, a hearing, and a statement of legal authority; and (2) insofar as the dismissal was pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Fam. Code, § 3400 et seq.), the UCCJEA is inapplicable. Taylor’s mother, Vanessa M. (Mother) and alleged father, Marcus T., Sr. (Marcus, Sr.) agree with Taylor’s position. The San Diego County Health and Human Services Agency (the Agency) asserts that the dependency petition was properly denied, as does Family to Family Adoptions Inc. (Family to Family), a private Texas adoption agency. We agree with Taylor that the juvenile court improperly dismissed the dependency petition without an adequate hearing and accordingly issue a writ of mandate.

Background

Taylor was bom in June 2002 and immediately placed on a hold in the hospital, where she remained in intensive care for the first few weeks of her life. On June 21, the Agency filed a dependency petition alleging that Mother…