M.C.

M.C. v. Superior Court of Del Norte County

Good Law
2016 Cal. App. LEXIS 806·208 Cal. Rptr. 3d 88·3 Cal. App. 5th 838
Court of Appeal of CaliforniaSeptember 29, 2016No. A148627California5,122 words

Opinion

lead Opinion

Banke, J.

M.C. (Mother) seeks writ relief from orders terminating her reunification services at the six-month review hearing and setting the matter for a Welfare and Institutions Code section 366.26 hearing. 1 C.C. and K.C. were removed from Mother when the children were five and 11 years old, respectively, based on Mother’s substance abuse issues, criminal activity, and *841 the condition of her home. Mother contends she was statutorily entitled to 12 months of services and that period could be shortened only on the filing of a section 388 petition. We conclude Mother was entitled to 12 months of services except under the circumstances specified in section 361.5, subdivision (a)(2). The juvenile court did not terminate services in accordance with these statutory provisions. We therefore grant Mother’s writ petition.

Background

The Del Norte County Department of Health and Human Services (Department) received a referral from law enforcement after officers searched Mother’s residence and found mushrooms, methamphetamine pipes, marijuana paraphernalia, concentrated cannabis, brass knuckles and butterfly knives. It also appeared the occupants were hoarders, as there were large piles…

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