214 Cal. App. 4th 279
Cal. Ct. App.2013Background
- In 2009, S.B. was placed in protective custody due to mother's alcohol abuse and arrest for child endangerment; father had a history of sexual offenses and was a Penal Code 290 registrant.
- Detention report described mother's long-standing substance abuse and father as severely emotionally disturbed with learning disability; assessment indicated father could not safely parent.
- Juvenile court detained the minor, sustained the petition, and ordered reunification services for both parents.
- Six-month and subsequent review reports recommended continued services for mother but termination for father; despite some progress, assessments and reports suggested father could not safely care for the minor.
- April 2010 review hearing terminated father’s services; later dispositions and plans shifted toward family maintenance with mother, while father’s role diminished; by 2012 a nondetaining petition led to detention again.
- Dispositional order relied on Gabriel K. to deny services to father under section 361.5(b)(10); father challenged, leading to a writ petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether section 361.5(b)(10) can apply to this father | Father argues (via Gabriel K.) the provision is inapplicable here | Department/Child Welfare cites Gabriel K. to bypass services | Court agrees with B.L. and disallows applying (b)(10) here |
Key Cases Cited
- Gabriel K. v. Superior Court, 203 Cal.App.4th 188 (Cal.App.4th 2012) (subdivision (b)(10) not limited to siblings; court interpreted to deny services where prior reunification failed and no progress shown)
- In re B.L., 204 Cal.App.4th 1111 (Cal.App.4th 2012) (plain language limits subdivision (b)(10) to prior termination of reunification for the same child’s siblings)