In Re John F.

Good Law
27 Cal. App. 4th 1365·33 Cal. Rptr. 2d 225
Court of Appeal of CaliforniaAugust 31, 1994A064044California4,647 words

Opinion

Opinion

We decide this case, although technically moot, to effect the legislative mandate for speedy resolution of the permanent status of dependent children. This case involves the rights of dependent children whose parents are no longer receiving reunification services and for whom adoptive parents or guardians are not generally forthcoming, but whose caretakers are likely to assume one of those roles if so approved upon completion of the mandatory home assessment. Our concern becomes acute where, as here, the county department of social services [1] recommends long-term foster care instead of guardianship or adoption primarily because it has not yet commenced the home study.

On this recommendation the juvenile court continued appellant John F. (John) in long-term foster care rather than ordering a Welfare and Institutions Code [2] section 366.26 hearing (section 366.26 hearing), at which the appropriate plan would be determined, i.e., adoption, guardianship or long-term foster care. Nearly a year later it turned down John's request, on a petition for modification, to set the hearing. John appeals from the order denying this request. Subsequent to commencement…

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