R.W. v. Super. Ct.
Petitioners R.W., mother of the minor, and A.W., father of the minor, seek an extraordinary writ (Cal. Rules of Court, rule 8.452) to vacate the orders of the juvenile court, made at a contested hearing on a petition for modification (Welf.& Inst. Code, 388, subd. (c))[1], terminating reunification services, vacating a six-month review hearing ( 366)and setting a section 366.26 hearing. Petitioner also requests a stay of proceedings in the respondent court.
The status of every dependent child in foster care shall be reviewed at least every six months until the section 366.26 hearing is completed to determine the necessity for and the appropriateness of the minors placement. ( 366.) Since the section 366.21, subdivision (e) hearing was vacated prior to the granting of a section 388, subdivision (c) request to terminate reunification services, and the court did not hold a hearing pursuant to section 366, the petitioners were denied their due process rights to present evidence on the minors status. Court shall grant the petition in part.
Comments on R.W. v. Super. Ct.