T.H. v. Superior Court CA2/5

Filed 11/22/13 T.H. v. Superior Court CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

T.H., No. B251317

Petitioner, (L.A. Super. Ct. No. CK97410)

v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

LOS ANGELES DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petition for extraordinary writ. Debra Losnick, Juvenile Court Referee. Writ granted. Law Office of Marlene Furth, Danielle Butler Vappie and Diane Nicola for Petitioner. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jeanette Cauble, Senior Deputy County Counsel, for Real Party in Interest. No appearance for Respondent. __________________________________

T.H. (mother), mother of V.M., petitions for extraordinary relief pursuant to California Rules of Court, rule 8.452. Mother contends the dependency court erroneously set a hearing under Welfare and Institutions Code section 366.261 (permanency hearing) without first ordering reunification services for mother. Los Angeles County Department of Children and Family Services (the Department) does not oppose mother’s petition, acknowledging in a letter of non-opposition that mother’s contentions are meritorious. We grant the petition and direct the dependency court to vacate the permanency hearing and conduct a hearing to determine whether mother is entitled to reunification services under section 361.5.