Margarita S. v. Super. Ct. CA4/1

DISCUSSION

It is presumed in dependency cases that parents will receive reunification services.

(Cheryl P. v. Superior Court (2006) 139 Cal.App.4th 87, 95.) Nonetheless, subdivision

(b) of section 361.5 "sets forth a number of circumstances in which reunification services

may be bypassed altogether. These bypass provisions represent the Legislature's

recognition that it may be fruitless to provide reunification services under certain

circumstances." (Francisco G. v. Superior Court (2001) 91 Cal.App.4th 586, 597.)

Subdivision (b)(10) of section 361.5 provides that services need not be provided if the

parent failed in a previous dependency to reunite with a sibling or half sibling of the child

who is the subject of the current petition.

To apply this provision, the juvenile court must find by clear and convincing

evidence that (1) the parent had previously failed to reunify with a sibling, and (2) the

parent has not made a reasonable effort to treat the problems leading to the removal of the

3 sibling. (§ 361.5, subd. (b); Cheryl P. v. Superior Court, supra, 139 Cal.App.4th at p.

96.) In assessing a parent's efforts to overcome the problem that led to the…