M.V. v. Superior Court

In M.V. v. Superior Court (2008) 167 Cal.App.4th 166, the court explained that a finding of a "substantial probability the child may be returned" requires a determination of "whether there is a strong likelihood of a possibility of return (not simply a strong likelihood the return will in fact occur)." (Id. at p. 181.) The court may consider the three factors set forth in section 366.21, subdivision (g)(1) (maintaining consistent and regular contact with the child, making progress in addressing the issues that led to dependency, and demonstrating the potential to be a good parent) "along with any other relevant evidence (such as extenuating circumstances excusing noncompliance with the three factors) in considering whether there is substantial evidence of a possible return to the mother by the 12--month hearing." (M.V., p. 181.)