Patricia W. v. Superior Court
244 Cal. App. 4th 397
Cal. Ct. App.2016Background
- Patricia W. and J.T. appeal an order terminating reunification services for their 2.5-year-old son S.L. at a six-month review and setting a 366.26 hearing; writ relief is sought.
- Agency detention followed a relapse due to mother’s schizophrenia and nonadherence to medication; father minimized risks and failed to protect.
- Agency sought two court-ordered psych evaluations to bypass reunification due to mother’s mental illness, but those reports were not fully integrated into a tailored case plan.
- Six-month status report found mother possibly noncompliant with meds and questioned father’s ability to monitor mother’s treatment, with limited evidence of effective services.
- CASA recommended termination based on lack of progress and safety concerns; the trial court terminated reunification services.
- Court grants writ, vacates order terminating reunification services, and remands for additional tailored reunification services.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reasonable reunification services were provided | K.C. requires tailored services for mental illness | Agency offered standard services | No substantial evidence of tailored services |
| Whether the agency identified and treated mother’s mental health needs | Starting point is mother’s mental illness (K.C.) | Evaluations were inconclusive and not integrated | Agency failed to identify/address mental health needs substantively |
| Whether substantial evidence supports termination of reunification services for mother | Mother could benefit from further services | Risks warranted termination | Not supported; insufficient tailored services concluded by court |
| Whether substantial evidence supports termination for father | Father should have been offered targeted services | Father’s progress insufficient | No; lacking evidence of tailored services for father |
| Whether the six-month hearing lacked discretion to proceed to 366.26 | Error to bypass proper services | Discretion to continue or set 366.26 | Remanded for proper tailored services and consideration of permanency planning |
Key Cases Cited
- In re K.C. v. J.P., 212 Cal.App.4th 323 (Cal.App.2012) (must tailor reunification to mental illness; proper evaluation needed)
- In re Jamie M., 134 Cal.App.3d 530 (Cal.App.1982) (diagnosis not determinative; focus on detailed psychiatric history and treatment, child safety)
- In re Elizabeth R., 35 Cal.App.4th 1774 (Cal.App.1995) (necessity of tailored services for mental illness)
- Tracy J. v. Superior Court, 202 Cal.App.4th 1415 (Cal.App.2012) (mental health considerations and service adequacy in reunification)
- In re Monica C., 31 Cal.App.4th 296 (Cal.App.1995) (duty to provide meaningful services and avoid mechanical plans)