J.F.

J.F. v. Superior Court of Orange Cnty.

Good Law
2016 Cal. App. LEXIS 728·206 Cal. Rptr. 3d 826·2016 WL 4529436
Court of Appeal of CaliforniaAugust 30, 2016G053597California3,838 words

Opinion

Lead Opinion

Ikola, J.

Mother's petition for writ of mandate arises from an order terminating reunification services and setting a Welfare & Institutions Code section 366.26 hearing (.26 hearing). 1 Mother was offered reunification services for six months. For the first three months, her participation in her case plan was minimal. For the last three months, it was excellent. Nonetheless, the court terminated reunification services, finding mother had "failed to participate regularly *828 and make substantive progress" in her case plan. (§ 366.21, subd. (e)(3).) We conclude that finding is not supported by substantial evidence and thus we will issue the requested writ of mandate.

FACTS

Allegations of the Petition

In late August 2015, the Orange County Social Services Agency (SSA) filed a dependency petition regarding minor, who was about one month shy of his third birthday. The petition alleged minor came within the jurisdiction of the court pursuant to section 300, subdivisions (b) (failure to protect) and (g) (no provision for support due to parental incarceration).

The petition alleged that in late July 2015, minor sustained a cut to his finger from a broken beer bottle while he was playing in the…

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