Orange County Social Services Agency v. Wendy C.

Introduction

Wendy C. is the mother of C.F., who was bom in October 2008. In In re C.F. (June 30, 2010, G042987) (nonpub. opn.), we reversed a jurisdictional/ dispositional order that had sustained allegations of a dependency petition against Wendy C. pursuant to Welfare and Institutions Code section 300. After the remittitur was issued, Wendy C. filed a motion in the juvenile court to seek an order directing the Orange County Social Services Agency (SSA) to change its finding on a child abuse report from substantiated to unfounded and to transmit to the Department of Justice (DOJ) the modified finding with a request to remove Wendy C.’s name from the Child Abuse Central Index (CACI).

The juvenile court treated the motion as a petition for writ of mandamus under Code of Civil Procedure section 1085 or 1094.5 and denied the motion on the grounds Wendy C. failed to exhaust administrative remedies, a juvenile court lacks jurisdiction over petitions for writ of mandamus, and the motion was not related to C.F.’s best interests. Wendy C. appeals from the order denying her motion/writ petition. An order denying a petition for writ *459 of mandamus is appealable. (Bollengier v.…