Tyrone

I concur in the result reached by the majority. I write separately to express my disagreement with the majority’s analysis and application of Welfare and Institutions Code 1 section 361.5, subdivision (b).

My colleagues hold section 361.5, subdivision (b)(6), cannot apply to cases where the parents have been negligent, that is, where the parents have unreasonably failed to protect their child from severe physical abuse. Rather, pointing to Pablo S. v. Superior Court (2002) 98 Cal.App.4th 292 [ 119 Cal.Rptr.2d 523 ], and Deborah S. v. Superior Court (1996) 43 Cal.App.4th 741 [ 50 Cal.Rptr.2d 858 ], cases where the child’s injuries were obvious and the parents failed to act, my colleagues conclude that to deny reunification services under subdivision (b)(6), parental omission must rise to a level where the parents knew of the abuse and failed to intervene. Relying upon In re Kenneth M. (2004) 123 Cal.App.4th 16, 21 [ 19 Cal.Rptr.3d 752 ], they then conclude that where such specific knowledge of abuse or pain and suffering does not appear on the record, there must be identification of the actual perpetrator of the physical abuse.

Applying its analysis to the case before us, the…

John J. Sansone, County Counsel, John E. Philips, Chief Deputy County Counsel, Katharine R. Bird, Deputy County Counsel, for Real Party in Interest.

McINTYRE, J.

Tyrone W. seeks writ review of juvenile court orders bypassing family reunification services at disposition and setting a hearing to select and implement a permanency plan for his son, T.W., under Welfare and Institutions Code section 366.26. (All statutory references are to the Welfare and Institutions Code unless otherwise specified.) Tyrone contends the court erred when it denied him reunification services under section 361.5, subdivision (b)(6) without finding he inflicted severe physical harm on T.W.'s sibling by act or omission.

We hold that section 361.5, subdivision (b)(6) requires the juvenile court to find that a parent inflicted severe physical harm on the child by act, omission or consent before it may deny reunification services to that parent under subdivision (b)(6). The Legislature did not intend subdivision (b)(6) to apply to deny reunification services to a negligent parent; rather, the parent must have been complicit in the deliberate abuse of the child. Identification of the parent who inflicted…

Tyrone W. seeks writ review of juvenile court orders bypassing family reunification services at disposition and.setting a hearing to select and implement a permanency plan for his son, T.W., under Welfare and Institutions Code section 366.26. (All statutory references are to the Welfare and Institutions Code unless otherwise specified.) Tyrone contends the court *843 erred when it denied him reunification services under section 361.5, subdivision (b)(6) without finding he inflicted severe physical harm on T.W.’s sibling by act or omission.

We hold that section 361.5, subdivision (b)(6) requires the juvenile court to find that a parent inflicted severe physical harm on the child by act, omission or consent before it may deny reunification services to that parent under subdivision (b)(6). The Legislature did not intend subdivision (b)(6) to apply to deny reunification services to a negligent parent; rather, the parent must have been complicit in the deliberate abuse of the child. Identification of the parent who inflicted severe physical harm on a child is. required when the evidence does not show both parents knew the child was severely injured or knew the child was being…