REUNIFICATION SERVICES - SDAP

1 REUNIFICATION SERVICESR easonable ServicesNot Qualified Statutorily for ServicesBypassREASONABLE SERVICES :The court cannot hold a dispositional hearing without a social worker report. (Inre Andrew A. (2010) 183 1518, 1529.)CPS is required to develop a case plan if the minor is removed, unless the courtauthorizes bypass. (In re Kristin W. (1990) 222 234, 254.) It is difficult, if not impossible, to exaggerate the importance of reunificationservices in the dependency system. (In re Luke L. (1996) 44 670, 678.)No grounds for drug testing when only evidence of parent s drug use is theunsworn allegations of the other parent. (In re Sergio C. (1999) 70 957, 960-961 [the parent has flatly denied all involvement with drugs and has otherwisecooperated fully with all of the court's orders, there must be some investigation by DCFSto warrant the kind of invasive order that was made here.)]

2 For this reason, we will reversethe order and remand to the dependency court with directions to order a furtherinvestigation before deciding whether, in fact, drug testing is necessary in this case. ].) Cannot order drug testing for either parents based on social worker s observation thatmother behaved somewhat out of the usual and was obsessed with discussing a fortune-making invention .. (In re Basilio T. (1992) 4 155, 172.) The court canorder a parent with medical marijuana to go to a drug program. (In re Alexis E.(2009) 171 438, 453-454; but see In re Drake M. (2012) 211 , 769-770 [abuse of discretion when medical marijuana did not diminish the parent sability to parent].)Can order non-offending parent to go to parenting class. (In re (2008) 1, 4-5 [father did not stop mother from abusing the child]; In re ChristopherH.

3 (1996) 50 1001, 1008 [the father s repeated convictions for driving underthe influence and positive test for methamphetamine]; In re Edward C. (1981) 193, 205-206 [mother supported father s excessive disciplining]; but see Inre Jasmin C. (2003) 106 177, 180-181 [mother acted appropriately to thefather s single incident of physical abuse]; but see In re Drake M. (2012) 211 , [no evidence the parent was deficient].)1 Case plan can be based on findings made during investigation that were not thebasis of jurisdiction. (In re Christopher H. (1996) 50 1001, 1006.) REUNIFICATION SERVICES must be specifically tailored to the needs of the parents. (Inre Joanna Y. (1992) 8 433, 438; In re Kristin W. (1990) 222 234,254-255; In re John B. (1984) 159 268, 275; In re Jamie M. (1982) 530, 545; In re Bernadette C.

4 (1982) 127 618, 626; In re Riva M.(1991) 235 403, 414; see In re Taylor J. (2014) 223 1446, 1451-1453 [insufficient affordable programs]; In re (2012) 212 323, 329-334[no reasonable SERVICES for mental health problems]; In re (2008) 159 , 1210-1213 [unreasonable SERVICES when parent s problem was homelessness butthere was no effort to assist in housing]; but see Fabian L. v. Superior Court (2013) 1018, 1029-1032 [ SERVICES were reasonable when had father do everyappropriate service available while in custody, though it was deemed detrimental to returnthe minor even though he did all that was offered]; In re Jacob P. (2007) 157 , 830-831 [compliance with reasonable SERVICES does not guarantee return of theminor]; Katie V. v. Superior Court (2005) 130 586, 598-599 [servicesreasonable though did not fully address the parent s mental health problems].

5 Reasonableness of SERVICES is judged on content and implementation. (In re RonellA. (1996) 44 1352, 1362.)CPS must make a good faith effort to implement the case plan. (In re John B.(1984) 159 268, 275.) SERVICES were reasonable though CPS was slow to implement it. (Melinda K. Court (2004) 116 1147, 1159.)CPS must identify the SERVICES available to an incarcerated parent. (In re MonicaC. (1995) 31 296, 307.) CPS cannot delegate to an incarcerated parent theresponsibility for identifying those SERVICES (id. at pp. 307-308), and may not simplyconclude that REUNIFICATION efforts are not feasible on the sole ground the parent isincarcerated (Elizabeth R., supra, 35 at pp. 1791-1792.) Family preservation, with the attendant REUNIFICATION plan and reunificationservices, is the first priority when child dependency proceedings are commenced.

6 (In reElizabeth R. (1995) 35 1774, 1787.) REUNIFICATION SERVICES need not be perfect. (Katie V. v. Superior Court (2005) 586, 598.)2 SERVICES were unreasonable when the court ordered only limited visitation andprovided no SERVICES to address the parent s physical disabilities. (Tracy J. v. SuperiorCourt (2012) 202 1415, 1425-1428.) SERVICES were reasonable when the minor was placed in Georgia and CPS wouldnot pay for plane fare for visitation. (Los Angeles County DCFS v. Superior Court(1988) 60 1088, 1093.) SERVICES were reasonable when the minor wasplaced in Florida. (In re Lauren Z. (2008) 158 1102, 1110-1111.) SERVICES were reasonable though there were no visitation because the parent wasrequired to have no contact with children as a condition of parole. (Kevin R. v. SuperiorCourt (2010) 191 676, 690-692.)

7 The court can order counseling for an undetermined period of time and rely on thereports of the program on the parent s progress, but it cannot complete delegate whenthere has been satisfactory progress. (In re Daniel B. (2014) 231 663, 675-677.) SERVICES were unreasonable when REUNIFICATION was dependent upon the fatherfinding a home, but CPS never did anything about it. (David B. v. Superior Court (2004)123 768, 793-797.) SERVICES were unreasonable when a 60 day trial visit with the parent wasindefinitely delayed. (Rita L. v. Superior Court (2005) 128 495, 508-509.) SERVICES were unreasonable when social worker told the parent and the court shewas enrolled in all programs but then argued detriment based on failure to enrolling in acertain program. (Amanda H. v. Superior Court (2008) 166 1340, 1346-1347.)

8 SERVICES were reasonable when defendant was in jail after the dispositionalhearing, though the case plan was not changed, as the defendant failed to start servicesand failed to keep the social worker informed of his whereabouts. (In re (2010) 687, 698-699.) SERVICES should be ordered even if the minor has run away. (In re Jonathan P. -(2014) 226 1240, 1257-1259.)A court need not make a finding of reasonable SERVICES if it does not order apermanent plan of adoption. (Danny H. v. Superior Court (2005) 131 1501,1511-1512; see Mark N. v. Superior Court (1998) 80 996, 1015-1016.)3 The juvenile court did not have jurisdiction to change a family court support order. (In re Alexander M. (2007) 156 1088, 1098.)The court can compel a mother to choose between the minor or a boyfriend.

9 (In reSilva R. (2008) 159 337, 351.)The court can limit parental authority over the minor when he or she was havingdifficulty in school. (In re (2009) 172 1268, 1277-1278.)Standard of review: Review a decision limiting parental authority for abuse ofdiscretion. (In re (2009) 172 1268, 1277-1278.)Appealability: Failure to appeal the case plan waives the issue of reasonableservices on appeal. (In re Julie M. (1999) 69 41, 47; see Sara M. v. SuperiorCourt (2005) 36 998, 1018; In re Precious J. (1996) 42 1463, 1476;Steve J. v. Superior Court (1995) 35 798, 810, 811; In re Cicely L. (1994) 1697, 1705 [cannot attack reasonable SERVICES on appeal from termination ofparental rights].)Appealability: One cannot appeal the finding of reasonable SERVICES when thecourt offers more SERVICES because appellant is not an aggrieved party.

10 (Melinda K. Court (2004) 116 1147, 1158 [but can file a petition for writ ofmandate].)Waiver: Parent objecting to the court order for parenting class, drug testing,individual counseling, and domestic violence counseling, as well as psycho evaluation asit s unclear as to whether or not those SERVICES are being offered in the place ofincarceration. He s also objecting to the court s order that he have monitored visits onlywhen released from his place of incarceration. was insufficient because he did not statethe reasons for the objection. (In re (2012) 209 787, 790-791 & fn. 2.)Waiver: Failure to object to evidence supporting denial of SERVICES waives theissue. (In re Jennilee T. (1992) 3 212, 222 [parent did not waive insufficientevidence for denial of SERVICES when court received only one expert report when two wererequired]; but see In re Catherine S.)