City and County of San Francisco Department of Social Services v. Heather L.

Defendant Heather L. (appellant) appeals the dismissal of a dependency proceeding after the department of social services (Department) filed a petition pursuant to former Welfare and Institutions Code 1 section 300. We affirm.

I. Factual Background

Appellant is the natural mother of Phoenix B., born January 26, 1988. On June 1, 1988, appellant was hospitalized involuntarily at San Francisco General Hospital after suffering a mental breakdown. Two days later the *790 Department took custody of her daughter and on June 7 it filed a petition pursuant to former section 300, subdivision (a), 2 seeking to have Phoenix declared a dependent of the juvenile court. The petition alleged jurisdiction on the basis of appellant’s hospitalization and illness as well as lack of knowledge about the father’s ability to care for Phoenix.

At the detention hearing the next day the court ordered Phoenix detained with a right to release granted to the Department, and continued the matter until the end of the month. Appellant, apparently still hospitalized, was not present. Meanwhile, Phoenix’s father, Robert K., 3 came forward, and on June 9 the Department released Phoenix to his care,…