RENEE S. v. Superior Court

Good Law
1999 Cal. App. LEXIS 983·76 Cal. App. 4th 187·90 Cal. Rptr. 2d 134·99 Daily Journal DAR 11443·99 Cal. Daily Op. Serv. 8985
Court of Appeal of CaliforniaNovember 10, 1999C033472California307 words

Opinion

Opinion

Blease, J.

In this writ of mandate proceeding we conclude the juvenile court may be compelled to conduct a jurisdiction hearing in dependency proceedings on consecutive court days until conclusion, absent a showing of exceptional circumstances justifying a continuance of the hearing.

As will become clear, we need not issue the writ in this case. However, because the practice that gave rise to this case appears to be widespread we will reach the merits of the proceeding to resolve a compelling legal issue of widespread importance.

Facts and Procedure

Petitioner Renee S. is the mother of Joseph, Brandon, and Ricky, who are the subjects of three petitions filed on June 7, 1999, pursuant to section 300 of the Welfare and Institutions Code. On June 3, 1999, real party in interest, Sacramento County Department of Health and Human Services (DHHS), detained the minors because petitioner allegedly sexually molested Joseph. Brandon and Ricky allegedly have stated they do not believe petitioner committed the acts alleged in the petitions, and believe Joseph may not be telling the truth.

The detention hearing commenced on June 8, 1999, and concluded on June 11, with the detention of the…

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