INGRID E. v. Superior Court
Opinion
Opinion
Nicholson, J.
In this writ proceeding we consider the a parent a a critical juncture in a dependency proceeding—ordinarily the final opportunity of a parent to obtain the return of a minor to parental custody. Under the circumstances presented here, we conclude the court’s order was an abuse of its discretion. Accordingly, we grant petitioner’s request to issue a peremptory writ of mandate directing respondent court to vacate its order and enter a new order granting petitioner’s request for a contested review hearing. (Cal. Rules of Court, rule 39.IB.)
On November 3, 1997, the Sacramento County Department of Health and Human Services (DHHS) filed Welfare and Institutions Code section 300 petitions on behalf of three-year-old Dalton and six-year-old Justin. Those petitions alleged that petitioner, the mother of the minors, physically abused Justin, failed to adequately supervise Dalton, and had a substance abuse problem rendering her incapable of providing proper care for the minors. The juvenile court sustained the petitions, adjudged the minors dependent children, and ordered DHHS to provide petitioner with reasonable reunification services.