R.T. v. Superior Court
202 Cal. App. 4th 908
| Cal. Ct. App. | 2012Background
- Agency filed a dependency petition under §300 in July 2011 concerning a minor then 3½ years old.
- Father was arrested for domestic violence and endangerment; family lived in a tent at a homeless camp.
- Parents admitted methamphetamine and alcohol use around removal; history of substance abuse and homelessness.
- Mother’s prior parental rights to sibling P.T. were terminated in 2006 after minimal service participation and relapses.
- Minor was removed in July 2011; social worker recommended denying reunification services under §361.5(b)(10)-(11).
- The juvenile court adopted the social worker’s findings and denied reunification services, finding no reasonable effort to treat the problems leading to P.T.’s removal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mother’s efforts to treat substance abuse were reasonable. | Mother argues her efforts were reasonable. | The court and Agency found efforts insufficient and not reasonable. | Not reasonable; substantial evidence supports denial of services. |
| Whether the evidence supports the court’s finding of lack of reasonable effort after sibling’s removal. | Mother contends recent attempts show reasonable effort. | Court properly considered duration, extent, and context of efforts. | Substantial evidence supports finding of lack of reasonable effort. |
| Whether the court properly applied §361.5(b)(10)-(11) and related discretion. | Bypass provisions should not apply if genuine efforts exist. | Bypass appropriate where efforts are not reasonable. | Court correctly applied bypass provisions; no order for services was warranted. |
| Whether the court abused its discretion by not ordering services under §361.5(c). | Court should consider best interests and potential services. | No need to consider §361.5(c) where services are not ordered. | Inapplicable; court did not need to make a §361.5(c) finding. |
Key Cases Cited
- Renee J. v. Superior Court, 26 Cal.4th 735 (Cal. 2001) (establishes bypass standards and purposive limits on reunification services)
- Cheryl P. v. Superior Court, 139 Cal.App.4th 87 (Cal. App. 2006) (reasonable effort standard focuses on effort quality, not cure alone)
- K.C. v. Superior Court, 182 Cal.App.4th 1388 (Cal. App. 2010) (progress as a factor in reasonableness of efforts)
- Francisco G. v. Superior Court, 91 Cal.App.4th 586 (Cal. App. 2001) (recent lack of progress supports denial of services)