In Re Derrick S.

Dependent Derrick S. appeals from the order made at the six-month review when the juvenile court denied his motion that his mother not receive additional months of reunification services. Derrick supported his motion with In re Aryanna C. (2005) 132 Cal.App.4th 1234 [ 34 Cal.Rptr.3d 288 ] (Aryanna C.), where the Court of Appeal for the Third District held that a juvenile court has the discretion to terminate reunification services at any point after ordering them for a dependent minor who was under the age of three years when removed from parental custody. Because Derrick was over the age of three when he was removed from his mother’s custody, the court believed the reasoning of Aryanna C. did not apply, and that the court was required by Welfare and Institutions Code section 361.5 and California Rules of Court former rule 1460 to grant the mother the additional six months of reunification services. Indeed, the court expressly stated that it had no discretion not to order the additional services.

We conclude that Aryanna C. is soundly reasoned and that its holding is equally applicable to dependents over the age of three. No statute or rule of court restricts a juvenile…