In Re Joshua H.

Good Law
13 Cal. App. 4th 1718·17 Cal. Rptr. 2d 282
Court of Appeal of CaliforniaMarch 8, 1993Docket Nos. F017994, F018435California4,447 words

Opinion

Opinion

[Opinion certified for partial publication. [†] ]

OPINION

DIBIASO, J.

Linda H. challenges a disposition order in a juvenile dependency matter involving her young son Joshua H. Infant Joshua suffered severe physical abuse at the hands of his mother's boyfriend; the mother knew her boyfriend was abusing her son. (Welf. & Inst. Code, [1] § 300, subd. (e).) Based on these circumstances and pursuant to section 361.5, subdivisions (b)(5) and (c), the juvenile court declined to order any reunification services for the mother and set the matter for a permanency planning hearing under section 366.26. This court stayed the section 366.26 proceedings pending review. We will deny the mother's writ petition and dismiss her appeal.

In the published portion of this opinion, we will discuss the parameters of section 300, subdivision (e). We will also hold that a parent need not personally abuse his or her child in order to be denied reunification services under section 361.5, subdivision (b)(5).

In February 1992, the Fresno County Department of Social Services (the department) initiated dependency proceedings concerning the minor Joshua H., who was then nine months old. In an amended…

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