DARIA D. v. Superior Court

Daria D. and Vincent D. seek review of the court’s orders terminating reunification services and scheduling a selection and implementation hearing. We issued an order to show cause and offered the parents oral argument, which was declined. After a review on the merits, we hold that Welfare and Institutions Code sections 361.5, subdivision (a)(2) and 366.21, subdivision (e), which allow termination of reunification services at the six-month stage where the child is under three years of age at the time of initial removal, are constitutional. We also reject the parents’ insufficiency of evidence and other claims, and accordingly deny the petitions.

Background

Daria and Vincent are addicted to heroin. Casey was bom to them prematurely on December 26, 1996, showing signs of drug withdrawal. She tested positive for methadone, heroin and morphine. Vincent admitted a history of drag use and his failure to stop Daria from using drugs during her pregnancy. A petition was filed on Casey’s behalf, and the parents were provided with reunification plans focusing on drag treatment and abstinence.

At the six-month review hearing, the court found by clear and convincing evidence that…