In Re Joshua M.

Christopher Blake, San Diego, under appointment by the Court of Appeal, for Minor.

Certified for Partial Publication. [1]

HALLER, Associate Justice.

David P., the father of Joshua M., appeals from a juvenile court order that denied him reunification services under Welfare and Institutions Code [2] section 361.5, subdivisions (b)(10) and (12). David contends the denial of services constituted an unfair retroactive application of these newly enacted provisions that denied him due process. He further contends section 361.5, subdivision (b), violates constitutional protections of due process and equal protection because it discriminates against those individuals who cannot afford to pay for private reunification services.

David also argues the court abused its discretion in denying him visitation with Joshua.

This is the second dependency proceeding for Joshua, who was born on July 21, 1992. Joshua is the son of David and Tina M. David and Tina also are the birthparents of another boy, born on August 21, 1990, who tested positive for methamphetamine at birth and became a dependent child. David was incarcerated at the time. The parents failed to reunify, and, on December 1, 1992,…