In Re Claudia E.

— This case presents the issue of whether declaratory relief is available in juvenile dependency cases in the context of a child welfare agency not complying with statutory time requirements for the filing of supplemental petitions.

Fourteen-year-old Claudia E. and her half sister, two-year-old Chloe H., sought declaratory relief after the Imperial County Department of Social Services (Department) twice removed them from the home of their mother, J.E., without timely filing a supplemental petition under Welfare and Institutions Code section 387. The juvenile court denied the children relief, ruling that the children had not exhausted their remedies. The children appeal. J.E. and Eric O., the alleged father of Claudia, join in and adopt the children’s arguments. (Cal. Rules of Court, rule 8.200(a)(5).)

FACTS

On March 27, 2006, the Department took Claudia and Chloe into protective custody after police arrested J.E. and Chloe’s father, Albert H., for domestic violence and resisting a police officer. The Department filed dependency petitions on behalf of Claudia, then 12 years old, and Chloe, then 13 months old, alleging they were at substantial risk of harm because of…