Los Angeles County Department of Children's Services v. Superior Court

[507]

Opinion

THE COURT.

*

In this mandamus proceeding, the Los Angeles County Department of Children’s Services challenges an order of the superior court releasing a minor child to the custody of his parents.

1

The minor, Jorge, was born Monday, February 29, 1988. His three older sisters, ages seven, six, and one, who had three different fathers, had earlier been adjudged dependent children of the juvenile court and removed from the mother’s physical custody due to reported neglect and abuse by her and two of the fathers, one of whom was also Jorge’s father. After receiving a report that Jorge’s blood contained cocaine at the time of his birth, the department of children’s services took custody of him at 9 a.m. on Thursday, March 3, and placed him in a foster home.

When a minor child is thus taken into custody, a petition to declare him a dependent child of the juvenile court (Welf. & Inst. Code, § 300) must be filed immediately once the officer decides not to release him. (Welf. & Inst. Code, § 311, subd. (a); Cal. Rules of Court, rule 1331(c).)

2

Upon the filing of the petition, the superior court will hold a detention hearing almost immediately to determine whether the minor should be further detained pending the “jurisdiction hearing.” (§ 315; rule 1331(e).) The jurisdiction hearing must be held within 15 judicial days if the minor is detained pending the hearing, and otherwise within 30 calendar days. (§ 334; rule 1361(a), (b).) At the jurisdiction hearing the court decides whether to adjudge the minor a dependent child of the juvenile court. (§ 356; rules 1364, 1365.)

The minor cannot lawfully be held more than 48 hours, excluding nonjudicial days, without a petition having been filed. (§313, subd. (a); rule 1331(a).)

3

In Jorge’s case, 48 hours expired at 9 a.m. on Saturday, March 5, so the deadline imposed by this provision extended until Monday, March 7.