Los Angeles County Department of Children & Family Services v. Superior Court

By petition for a writ of mandate, the Los Angeles County Department of Children and Family Services (Department) challenges the juvenile court’s order reinstating the parental rights of *949 Rebecca H., the mother of a child who has been declared a dependent of the court. The record provided in support of the petition establishes the Department is entitled to relief.

At a single proceeding, a hearing for the selection and implementation of a permanent plan (Welf. & Inst. Code, § 366.26) for Jonus S., the juvenile court terminated the parental rights of Jonus’s father and of his mother, real party in interest Rebecca H. The father appealed. Rebecca did not appeal. In the father’s appeal, this court reversed the order terminating his parental rights on the ground he was not properly noticed of the selection and implementation hearing. On remand, the juvenile court reinstated the father’s parental rights and Rebecca’s parental rights as well. This was error, as only the father’s parental rights should have been reinstated. As explained in rule 1463(g) of the California Rules of Court, the purpose of termination of parental rights is to free the dependent child for…