In Re Maria S.

A detained minor and incarcerated mother are entitled to reunification services absent a finding by clear and convincing evidence that such services would be detrimental to the minor. (Welf. & Inst. Code, § 361.5, subd. (e)(1).) Here, mother gave birth to the minor while incarcerated and the juvenile court approved a case plan which called for reunification services beginning in state prison and contemplated to be continued after mother was released. Upon release, mother was deported and she was unable to complete the case plan. The juvenile court found by clear and convincing evidence that reunification services had been provided, but that mother had refused to comply with the case plan. It ordered termination of reunification services and ultimately terminated parental rights. We conclude the record does not support the findings and we reverse.

Statement of Facts

In October 1996, while incarcerated on a drug possession charge, appellant, Lillian S., gave birth to Maria S. (hereafter Maria). The Los Angeles County Department of Children and Family Services (DCFS) detained Maria and filed a petition pursuant to section 300, subdivisions (b) and (g). The petition alleged…