J.J. v. Super. Ct.

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Justia Opinion Summary

Petitioner-mother J.J. petitioned for extraordinary relief pursuant to California Rules of Court, rule 8.452, seeking review of an order denying family reunification services and setting a permanency planning hearing under Welfare and Institutions Code section 366.26. She argued the juvenile court improperly bypassed reunification services, and that real party in interest the San Joaquin County Human Services Agency (the Agency) failed to comply with the federal Indian Child Welfare Act of 1978. The Agency disputed both contentions. Because the order denying reunification services was not supported by sufficient evidence, the Court of Appeal granted the petition as to mother’s first contention. Because the ICWA issue was premature, the Court rejected mother’s second contention.

Primary Holding
The Court of Appeal granted mother's petition for extraordinary relief; the juvenile court’s dispositional orders were ordered vacated only to the extent they denied mother family reunification services and set a section 366.26 hearing.

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