111 Cal.App.5th 1048
Cal. Ct. App.2025Background
- In September 2023, the Los Angeles County Department of Children and Family Services (DCFS) investigated allegations that Mother (F.O.) physically abused her son, A.O.
- A.O. was removed from Mother’s custody after reports and visible evidence of physical abuse, and he made statements to authorities implicating his Mother.
- The juvenile court detained A.O. and ultimately ordered that any visitation between A.O. and Mother occur in a therapeutic setting due to concerns about A.O.'s emotional well-being.
- Despite Mother’s completion of certain court-ordered programs, significant barriers and delays in arranging therapeutic visitation resulted in Mother having no contact with A.O. during the review period.
- At the six-month review hearing, the court found that DCFS had provided reasonable reunification services and continued those services for Mother.
- Mother appealed solely the finding that reasonable reunification services had been provided.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a parent may appeal only the reasonable services finding in a juvenile court order | DCFS: No, such a finding is not independently appealable | Mother: Yes, the finding is adverse and appealable as it impacts reunification rights | Yes, a parent may appeal this specific finding as it aggrieves their interests |
| Whether DCFS provided reasonable reunification services to Mother | DCFS: Services were reasonable given circumstances and child’s needs | Mother: Services were not reasonable due to lack of efforts to effect therapeutic visits | Substantial evidence supports the court’s finding that services were reasonable |
Key Cases Cited
- In re T.G., 188 Cal.App.4th 687 (Cal. Ct. App. 2010) (recognizing a parent is aggrieved by an unreasonable services finding and can appeal)
- Melinda K. v. Superior Court, 116 Cal.App.4th 1147 (Cal. Ct. App. 2004) (earlier held such findings not appealable, but superseded by later cases)
- In re S.B., 46 Cal.4th 529 (Cal. 2009) (findings in appealable orders are reviewable on appeal)
- Michael G. v. Superior Court, 14 Cal.5th 609 (Cal. 2023) (erroneous reasonable services finding can impair reunification rights and appellate review is appropriate)