TANYA v. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Tanya B. challenges the November 29, 2010 order of the juvenile court, denying reunification services with her biological child, minor Vincent B., on the basis that she was not served with written notice.  (Welf. & Inst.Code, § 291, subds. (d), (e).)

Vincent was born in December 2009.   In September 2010, the Department of Children and Family Services investigated allegations of Tanya's general neglect of Vincent.   On October 6, 2010, the Department removed Vincent from Tanya's care based on the report of the children's services worker that Tanya had admitted current use of methamphetamine and marijuana and disclosed acts of domestic violence perpetrated against her by Vincent's alleged father.¹

On November 29, 2010, the juvenile court found that notice had been given to Tanya, sustained the petition, ordered Vincent suitably placed, ordered no family reunification services for Tanya, and set a permanency planning hearing for March 28, 2011.

In its letter filed in lieu of an answer to the petition for extraordinary writ, the Department states that Tanya was not served with written notice of the recommendation of the Department that no reunification services be offered, she never appeared in the juvenile court, no counsel had been appointed for her, and the Department is not opposed to granting Tanya's petition.   We hereby grant the petition and remand the matter for counsel to be appointed and for the juvenile court to conduct a new dispositional hearing after proper notice.

DISPOSITION

The petition is granted.   The juvenile court's November 29, 2010 order terminating reunification services is vacated.   The matter is remanded and the juvenile court shall (1) appoint counsel for Mother, Tanya B., and (2) conduct a new dispositional hearing after proper notice.

NOT TO BE PUBLISHED

We concur:

FOOTNOTES

FN1. Vincent's alleged father, Joshua B., who has a 12-year history of illicit drug use, is not a party to this petition..  FN1. Vincent's alleged father, Joshua B., who has a 12-year history of illicit drug use, is not a party to this petition.

ROTHSCHILD, J. CHANEY, J.