M.V. v. Superior Court of California

In October 2007, petitioner M.V. (mother) was incarcerated following allegations she engaged in consensual sexual intercourse with a 15-year-old boy. That same day, the Orange County Social Services Agency (SSA) took mothers two-year-old son into protective custody because mothers incarceration prevented her from caring for her son. (See Welf. & Inst. Code, 300, subd. (g).) In January 2008, mother pleaded no contest to the dependency petition, and the court declared her son a dependent and ordered reunification services for mother and her son pursuant to a case plan prepared by SSA. After spending approximately four months in county jail, mother was released to the Immigration and Naturalization Service (INS) on March 8, 2008. Sometime thereafter, the INS deported mother to Mexico. Mother notified SSA of her location in Mexico on May 5, and she initiated services with the Mexican authorities. However, at the time of the six-month review hearing on June 26, 2008, mother had failed to comply with much of her case plan due in large measure to her incarceration and subsequent deportation. At the six-month review hearing, following the recommendation of SSA, the court ordered reunification services terminated and set a hearing pursuant to section 366.26 (.26 hearing) to consider the termination of mothers parental rights.