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Name: Taylor M. v. Superior Court
Case #: D040972
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/07/2003
Subsequent History: None
Summary

Taylor M., an infant, was detained after birth due to mother’s substance abuse. Mother and the alleged father had two other children who were adopted by Dawn M. after they failed to reunify. A petition was filed. Simultaneously, mother relinquished parental rights to a Texas adoption agency in order that a couple from Canada could adopt Taylor. Father attempted to revoke his relinquishment, and wanted Taylor placed with her siblings with Dawn M. The juvenile court stayed dependency proceedings until the relinquishment issue was resolved. The agency, joined by mother, petitioned the court to dismiss the dependency petition so that Taylor could be adopted by the Texas couple. Minor’s counsel requested that the stay be lifted and jurisdictional and dispositional hearings be set. The court denied Taylor’s request and dismissed the petition. Taylor’s counsel filed a petition for writ of mandate, and an OSC issued. The appellate court here issued a writ mandating the juvenile court to vacate its order dismissing the dependency petition and to hold a new hearing regarding whether Taylor’s welfare required dismissal of the petition. Taylor was entitled to a hearing and the error was not harmless. The issue of the relinquishment had not yet been fully resolved, and Taylor’s ties to her two biological siblings had not been considered.