DPSS

Petitioner, the Department of Public Social Services of Riverside County (DPSS) seeks a writ of mandate to compel respondent, the superior court, to vacate its order requiring DPSS to provide reunification services to real party in interest Mary M. (Mother) with respect to her son Russell. We find that Mother is presumptively ineligible for services; we reverse the order and remand for further proceedings consistent with this opinion. This decision is based on our conclusion that if a parent’s parental rights have been severed as to another child, it is immaterial that the severance occurs after the dependency petition is filed with respect to the subject minor. So long as the severance occurs before the dispositional hearing with respect to the subject minor, services may be denied to the parent.

Statement of Facts

A simplified history of the case is all that is required. The minor, Russell M., was bom on March 16, 1998, and a dependency petition was filed under Welfare and Institutions Code section 300 three days later. In the petition, DPSS alleged that Russell was at risk because his two older siblings were currently dependent children of the court and the parents…