Ericka M. v. Super. Ct. CA2/3

INTRODUCTION

Ericka M. (mother) challenges a juvenile court order denying family reunification services and setting a Welfare and Institutions Code1 section 366.26 permanent plan hearing in her infant son Emery’s dependency case. The juvenile court denied reunification services pursuant to section 361.5, subdivision (b)(11) based on mother’s failure to reunify with her two older children. In her petition for extraordinary writ relief, mother contends the evidence was insufficient to support the juvenile court’s requisite finding that she failed to make subsequent reasonable efforts to address the untreated mental health conditions that led to the termination of parental rights with respect to her older children. Mother also challenges the juvenile court’s jurisdiction and disposition orders. At the time of the disposition hearing, the undisputed evidence established that mother had remained compliant with her prescribed mental health regimen since the inception of Emery’s dependency case. We therefore conclude the juvenile court’s finding that mother failed to make reasonable efforts was erroneous, and grant the petition insofar as it concerns the denial of reunification…