MARSHALL M. v. Superior Court

Petitioner seeks extraordinary writ review (Welf. & Inst. Code, § 366.26, subd. (l); Cal. Rules of Court, rule 39.IB) from respondent court’s order that a section 366.26 hearing be held September 24, 1999. He contends the court erred by denying him reunification services under section 361.5, subdivision (b)(10). On review, we conclude respondent did not err. We hold the juvenile court may deny reunification services to a parent under section 361.5, subdivision (b)(10)(A), when the court ordered a permanent plan for another child of that parent as a result of the parent’s failure to reunify after that child was removed from the parent’s custody under section 361. Under these circumstances, the court need not consider whether the parent subsequently made a reasonable effort to treat the problems that led to removal of the child for whom the court ordered a permanent plan.

Procedural Background

In May 1999, respondent court adjudged minors Haley M., born November 20, 1995, Marshall M., bom August 7, 1997, and Madelyn M., bom January 3, 1999, dependent children of the court. Respondent previously determined the three minors came within its jurisdiction under section 300,…