Orange County Social Services Agency v. Roberta T.

These consolidated appeals emanate from a juvenile court dependency proceeding involving Jennilee X, born May 4,1990. In the first, the minor’s parents, William H. and Roberta X, individually, contest the court’s finding they were gravely mentally disabled, pursuant to Welfare and Institutions Code section 361.5, subdivision (b)(2), 1 and thus incapable of utilizing the reunification services otherwise mandated by subdivision (a) of that section. In addition, William raises an issue as to the statute’s constitutionality. In the second appeal, both parents challenge the sufficiency of the evidence to support the court’s finding, under section 366.26, subdivision (b)(1), that Jennilee is adoptable.

*216 I.

At the time of Jennilee’s birth, Roberta and William were institutionalized, each the subject of a conservatorship. Both have suffered from mental illness for many years and have been hospitalized numerous times. 2 They became friends after meeting at a long-term mental health facility, where they both then resided. They are unmarried.

When Jennilee was six days old she was placed on a hospital hold by the social services agency (SSA). Four days later, on May 14, the…