CAROLYN R. v. Superior Court

Good Law
1995 Cal. App. LEXIS 1242·41 Cal. App. 4th 159·48 Cal. Rptr. 2d 669·95 Daily Journal DAR 16865·95 Cal. Daily Op. Serv. 9743
Court of Appeal of CaliforniaDecember 20, 1995F024789California2,538 words

Opinion

Opinion

Ardaiz, J.

Petitioner Carolyn R. seeks extraordinary writ review (Welf. & Inst. Code , § 366.26, subd. (7); Cal. Rules of Court, rule 39.IB) from respondent court’s order that a section 366.26 hearing be held February 20, 1996. She challenges the court’s refusal to grant her 12 additional months of reunification services after it sustained a supplemental petition (§ 387) to remove her children from her physical custody for a second time. On review, we find no error. We hold once a court sustains a supplemental petition to remove a dependent child for a second time from a parent’s physical custody, it may set the matter for permanency planning under section 366.26 if that parent received 12 or more months of reasonable child welfare services.

Facts

Because the mother’s petition raises questions of law, we need only briefly summarize the facts. The San Bernardino County Juvenile Court adjudged the mother’s children, Hailey B. and William B., juvenile dependents in April 1994. Having found it necessary to remove the children from parental custody due to the substantial danger to the children’s physical health, the court ordered the parents to participate in a reunification plan.

By…

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