CHERYL P. v. Superior Court

Cheryl P. and Daniel R, Sr. (Daniel, Sr.), the parents of Daniel R, Jr. (Daniel), and Nicholas R, seek extraordinary writ relief (Welf. & Inst. Code, § 366.26, subd. (l); Cal. Rules of Court, rule 38.1). They challenge the juvenile court order denying them reunification services and setting a section 366.26 hearing in Nicholas’s dependency case because they had failed to reunify with Daniel. (§ 361.5, subd. (b)(10).) Cheryl and Daniel, Sr., contend the denial of services pursuant to section 361.5, subdivision (b)(10), was error because they made reasonable efforts to treat the problems that had led to the removal of Daniel. Cheryl also contends the court erred by conducting Daniel’s 18-month review hearing before Nicholas’s dispositional hearing. Cheryl’s prayer for relief pertains to both children.

We issued an order to show cause, the San Diego County Health and Human Services Agency (Agency) responded, and the parties waived oral argument. We grant Daniel, Sr.’s petition, and Cheryl’s petition insofar as it concerns Nicholas. We direct the juvenile court to order six months of services to Cheryl and Daniel, Sr., in Nicholas’s dependency case. We deny Cheryl’s petition…