San Diego County Department of Social Services v. Tonya R.
Opinion
Lead Opinion
Wiener, J.
*690 Opinion
Tonya R., the mother of two-year-old Michael R., challenges certain juvenile court orders arising from Michael’s ongoing dependency proceeding in two separate appeals, D014350 and D013953, and a petition for writ of mandate, D014385. Although we conclude two of Tonya’s arguments are now moot, we decide the court prejudicially erred by failing to exercise its discretion when it denied Tonya’s Welfare and Institutions Code section 352 1 motion to continue the selection and implementation hearing under section 366.26. (See Cynthia D. v. Superior Court (1992) 3 Cal.App.4th 913 [ 4 Cal.Rptr.2d 909 ] review granted Apr. 23, 1992 (S025807).) We therefore reverse the judgment in Tonya’s appeal from the section 366.26 hearing (D014350), but deny her petition for writ of mandate D014385 and dismiss her appeal (D013953) as moot.
Procedural Background
On October 11, 1989, the department of social services (DSS) petitioned on behalf of Michael under section 300, subdivision (b) 2 alleging his tests at birth were positive for cocaine as a result of his mother’s “unreasonable and neglectful acts.” The court declared Michael a dependent child on October 23, 1989.