TONYA M. v. Superior Court

When a child is removed from parental custody and made a dependent of the court, reunification services generally must be provided to the child’s parents. At a six-month review hearing, the court must decide whether to continue or terminate those services. In doing so, should the court consider the likelihood of reunification during the next six months after the hearing, or the likelihood of reunification in such time as remains until a potential 12-month review hearing, even if less than six months? (See Welf. & Inst. Code, § 366.21, subd. (e).) We conclude the latter interpretation of section 366.21, subdivision (e), which ensures faster resolution for the child, is the one most consistent with the Legislature’s intent in enacting the juvenile dependency scheme.

Factual and Procedural Background

The facts as recited in the Court of Appeal’s opinion are essentially undisputed. Petitioner Tonya M. is the mother of I.D., bom five weeks prematurely in October 2005. At I.D’s birth, he and Tonya M. both tested positive for methamphetamine. Tonya M. admitted to having used dmgs throughout her pregnancy and as recently as two days before I.D.’s birth. Real party in interest…