Humboldt County Department of Social Services v. Paul S.

In this case we hold that a juvenile dependency order denying reunification services based on the father’s status as a pedophile was *1255 unsupported by the statutorily required testimony of two experts, since one of the testifying psychologists was unlicensed.

In 1983, Paul S. was convicted of molesting children between the ages of five and seven over a period of about three years. The victims included his daughter Catherine, his son Steven, and a niece. The molestations involved some sodomizing. Paul served nearly five years in prison and was paroled in 1988.

Catherine was adjudged a dependent child in 1983. Steven and a third child, Lori, were adjudged dependent children in 1987. A dispositional hearing in 1990 addressed the issue whether Paul should be provided with reunification services.

Reunification services need not be provided when the court finds, by clear and convincing evidence, that “the parent is suffering from a mental disability that is described in Section 232 of the Civil Code and that renders him or her incapable of utilizing those services.” (Welf. & Inst. Code, § 361.5, subd. (b)(2).) Subdivision (a)(6) of Civil Code section 232 defines “mental…