In re M.M.
Sacramento County Department of Health & Human Services v. T.C.
Opinion
Opinion
Duarte, J.
Appellant, de facto parent of minor M.M., appeals from the juvenile court’s order removing the minor from her home at the selection and implementation hearing. (Welf. & Inst. Code, §§ 366.26, 395.) She contends she was entitled to notice and a hearing prior to the minor’s removal, and that the juvenile court abused its discretion in summarily ordering the removal. As we will explain, we agree that appellant was entitled to notice and the opportunity to object and request a hearing prior to the minor’s removal. We also agree that the removal was an abuse of discretion, as it was unsupported by the evidence in the then existing record. We shall vacate the order and remand with instructions.
FACTUAL AND PROCEDURAL BACKGROUND
Less than a month after her birth, in December 2012, minor M.M. was placed with appellant, a licensed foster care provider. She had spent five days with her paternal great-great-aunt (aunt), but was removed due to paternity concerns. At the disposition hearing, the court ordered reunification services for both parents. By August 2013, the Sacramento County Department of Health and Human Services (DHHS) was recommending termination of services.