Tracy J. v. Super. Ct. 11/18/11 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D060252

Case Date: 01/19/2012

Preview:Filed 11/18/11 Tracy J. v. Superior Court CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL - FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

TRACY J. et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;

D060252 (San Diego County Super. Ct. No. J517708A)

SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Real Party in Interest.

PROCEEDINGS in mandate after referral to a Welfare and Institutions Code section 366.26 hearing. Ana L. Espana, Judge. Petition granted. Stay vacated.

Tracy J. and Michelle B. seek review of juvenile court orders terminating family reunification services and setting a hearing under Welfare and Institutions Code section 366.26. (Further statutory references are to the Welfare and Institutions Code.) They

contend there is not substantial evidence to support the findings it would be detrimental to return their son, T.J., to their physical care and that reasonable services were offered or provided to them. We grant the petition. FACTUAL AND PROCEDURAL BACKGROUND Tracy J. and Michelle B. are the parents of T.J., born January 2010, and Nancy J., born May 2011. This proceeding concerns only T.J. (Nancy is mentioned when relevant to T.J.'s case.) Nine days after his birth, the San Diego County Health and Human Services Agency (the Agency) detained T.J. in protective custody and filed a petition alleging Michelle and Tracy were developmentally disabled and could not provide regular care to him. (

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