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ALLEN M. v. SUPERIOR COURT

Docket No. D016356.

6 Cal.App.4th 1069 (1992)

8 Cal. Rptr.2d 259

ALLEN M., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

May 21, 1992.

Attorney(s) appearing for the Case

COUNSEL

Loren I. Mandel, Public Defender, Eliseo Sisneros and Jesse Gilbert, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Lloyd M. Harmon, Jr., County Counsel, Susan Strom, Chief Deputy County Counsel, Richard Songer and Gary C. Seiser, Deputy County Counsel, and Roland Simoncini for Real Parties in Interest.

Francis J. Bardsley, Public Defender, Ana Espana, Susan M. Gaskins and Terence G. Cady, Deputy Public Defenders, for Minors.

Robert C. Fellmeth and Kathleen Murphy Mallinger as Amici Curiae on behalf of Minors.

OPINION

BENKE, J.

The question presented in this case is whether the Department of Social Services has an absolute right to dismiss a dependency petition over the objection of the minor. We conclude that in such circumstances, the juvenile court must determine whether dismissal is in the interests of justice and the welfare of the minor. Accordingly, we deny the father's petition seeking extraordinary relief. The stay of proceedings...

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