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Name: Tonya M. v. Superior Court
Case #: B193167
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 11/28/2006
Subsequent History: Rev. granted 2/21/07: S149248

Due to the Department’s inability to locate mother, the six month review hearing was continued numerous times, and finally held almost a year following the filing of a petition. The trial court found little likelihood that the minor could be returned by the 12-month review date and terminated services. In this writ petition, mother’s arguments were based on the premise that the court was required to use a time frame of six months from the six-month review hearing in considering whether there was a substantial likelihood that the minor could be returned. The appellate court rejected the argument, concluding that in determining whether such probability exists, the court need not look beyond the date of the 12-month review hearing, disagreeing with Dawnell D. v. Superior Court (1999) 74 Cal.App 4th 393, and agreeing with Jessica A. v. Superior Court (2004) 124 Cal.App. 4th 636. A parent has until the 12-month review hearing to demonstrate her capability as a parent, complete the reunification plan, and regain custody. A parent is not entitled to six months after the review hearing, but only the remaining time until the 12-month review.