KAREN S. v. Superior Court

Karen S. and Larry T., parents of David T. (the minor), seek a writ of mandate (Cal. Rules of Court, rule 39.1B) directing the juvenile court to vacate its orders denying them reunification services and setting a permanency planning hearing (Welf. & Inst. Code, § 366.26; further section references are to this code). Larry also requests a stay of proceedings in the respondent court.

In the published part of this opinion, we reject Larry’s claim that the juvenile court erred in denying him reunification services pursuant to section 361.5, subdivision (b)(12) on the ground that he “resisted prior treatment” for his chronic use of drugs and alcohol. As we shall explain, when, like Larry, a parent participates in a substance abuse treatment program but continues to abuse illicit drugs or alcohol, the parent has “resisted” treatment within the meaning of section 361.5, subdivision (b)(12).

In the unpublished portions of this opinion, we reject petitioners’ remaining contentions. Accordingly, we shall deny the petition, rendering moot the request for a stay.

Facts and Procedural Background

The department of social services (DSS) removed the minor from petitioners’ custody…