County of Los Angeles Department of Children's Services v. Sandra M.

This is an appeal from a permanency plan order of the juvenile court made pursuant to Welfare and Institutions Code section 366.25. 1 The permanency plan was to refer the dependent minor child, Johnny M. (minor), for adoption. The order was made after the court found that the reunification efforts made by respondent, the County of Los Angeles (County), on behalf of the minor and his mother Sandra M. (Mother), were reasonable but unsuccessful and that it was not substantially probable that the minor would be released to Mother’s custody within the next six months.

Mother challenges the order because the court did not provide her with a contested hearing before deciding to refer the child for adoptive placement and to terminate Mother’s parental rights. The County argues that Mother’s appeal, besides being without merit, is also taken from a nonappealable order.

We agree that the order is not appealable but we treat it as a petition for a writ of mandamus, and thereby consider its merits. We hold that Mother was entitled to a contested hearing on the issue of a permanent placement plan for the care of the minor and that denial of such a fundamental due process right…