CRESSE S. v. Superior Court

Petitioner, Cresse S., seeks a writ of mandate directing the juvenile court to set aside its order of August 21, 1996, that directed the department of children and family services (DCFS) to provide permanent placement services for her son Jason C. (the minor), and set a Welfare and Institutions Code section 366.26 selection and implementation hearing. Petitioner contends that the juvenile court “failed to exercise it[s] discretion to order continued reunification efforts as [petitioner] was previously unable to financially afford drug testing and the concerns regarding the minor’s safety in the home of [petitioner] were speculative.”

I. Factual and Procedural Background

The Petition.

On April 21, 1994, DCFS filed a petition requesting the juvenile court to adjudge the minor, then 10 months of age, to be within its jurisdiction and to declare him a dependent child. The petition alleged, inter alia, that the minor was bom suffering symptoms of drug withdrawal and/or positive toxicology screen for cocaine; that petitioner had a history of dmg use which rendered her incapable of providing regular care for the minor; that petitioner had left the minor with his maternal…