In Re Andrew A.

Minor Andrew A. and the Imperial County Department of Social Services (the Department) appeal from the juvenile court's order granting a motion for reconsideration of its jurisdictional finding—following Stacy G.'s no contest plea—on a petition filed under Welfare and Institutions Code section 300 alleging a substantial risk of harm to Andrew. [1]

We conclude that under the particular procedural circumstances of this case, the juvenile court did not have the legal authority to entertain Stacy's motion for reconsideration of its jurisdictional finding and to dismiss the petition. Instead, dismissal of the petition may be considered in connection with a future disposition hearing. We therefore reverse the juvenile court's dismissal of the section 300 petition.

Stacy gave birth to Andrew in June 2009, in a hospital in Imperial County. Hospital personnel were concerned that Stacy might be incapable of caring for Andrew because of her physical or mental disabilities. One hospital nurse reported that she doubted whether Stacy "is capable of understanding simple instructions," and another nurse expressed concerns about Stacy's ability to care for a child because she "did…