A.G. v. Superior Court CA4/3
G065023
Cal. Ct. App.Mar 20, 2025Background
- The Orange County Social Services Agency (the Agency) removed A.G. (Mother)'s child, A.R., at birth after both tested positive for amphetamines; Mother has a history of substance abuse and limited English proficiency (speaks Tagalog).
- The juvenile court declared A.R. a dependent, ordered reunification services for Mother, and required a cognitive (730) evaluation with Tagalog language support due to potential mental health/cognitive issues.
- Mother's compliance with case plan services (counseling, parenting, substance abuse treatment, self-help meetings, and evaluation) was hampered by language barriers and provider delays; she was often placed on long waitlists, and many services were not accessible in Tagalog.
- The 730 evaluation was never completed; although the Agency made some efforts, they did not follow up on interpreter needs or provide alternative means for Mother’s access.
- At the six-month review, the juvenile court found reasonable services had been provided, terminated reunification services, and set a permanency hearing, concluding Mother was at fault for noncompliance.
- Mother petitioned for extraordinary writ, arguing that services were not reasonable or accessible due to language barriers and lack of completed evaluation; the appellate court granted review.
Issues
| Issue | Plaintiff's Argument (A.G.) | Defendant's Argument (Agency) | Held |
|---|---|---|---|
| Whether reasonable reunification services were provided | Services were not accessible due to language barriers and delays; waitlists and incomplete 730 evaluation deprived meaningful opportunity | The Agency made sufficient efforts; noncompliance due to disinterest, not language | Not reasonable; substantial evidence did not support court's finding |
| Sufficiency of Agency's efforts regarding language access | Plans had to be tailored to Mother's Tagalog proficiency; interpreter and translated services were not adequately provided | Interpreters were made available, and Mother sometimes preferred English; enough was done | Agency failed to ensure access to all services in Tagalog as required |
| Impact of incomplete 730 evaluation on reunification plan | Evaluation was critical to identify proper supports; services may have been insufficiently tailored without it | Mother did not cooperate with scheduling; Agency not responsible for completion | Lack of completed evaluation meant the plan's adequacy couldn't be confirmed |
| Appropriateness of terminating reunification services | Premature as requisite reasonable services not provided or accessible; should extend services | Termination proper due to lack of engagement/progress | Termination reversed; services extended for at least 3 months, 23 days |
Key Cases Cited
- Michael G. v. Superior Court, 14 Cal.5th 609 (Cal. 2023) (establishing standards for reasonable reunification services)
- Patricia W. v. Superior Court, 244 Cal.App.4th 397 (Cal. Ct. App. 2016) (discussing tailored, accessible reunification services)
- In re K.C., 212 Cal.App.4th 323 (Cal. Ct. App. 2012) (efforts required even amid parental ambivalence)
- In re J.E., 3 Cal.App.5th 557 (Cal. Ct. App. 2016) (reasonableness of services not ideal, but reasonable under circumstances)
- In re J.P., 14 Cal.App.5th 616 (Cal. Ct. App. 2017) (language barriers must be overcome to make services realistic and accessible)
- T.J. v. Superior Court, 21 Cal.App.5th 1229 (Cal. Ct. App. 2018) (agency must provide actual services, not mere waitlisting)