Fresno County Department of Social Services v. Linda H.

*1721 Opinion

Linda H. challenges a disposition order in a juvenile dependency matter involving her young son Joshua H. Infant Joshua suffered severe physical abuse at the hands of his mother’s boyfriend; the mother knew her boyfriend was abusing her son. (Welf. & Inst. Code, 1 § 300, subd. (e).) Based on these circumstances and pursuant to section 361.5, subdivisions (b)(5) and (c), the juvenile court declined to order any reunification services for the mother and set the matter for a permanency planning hearing under section 366.26. This court stayed the section 366.26 proceedings pending review. We will deny the mother’s writ petition and dismiss her appeal.

In the published portion of this opinion, we will discuss the parameters of section 300, subdivision (e). We will also hold that a parent need not personally abuse his or her child in order to be denied reunification services under section 361.5, subdivision (b)(5).

Statement of Case and Facts

In February 1992, the Fresno County Department of Social Services (the department) initiated dependency proceedings concerning the minor Joshua H., who was then nine months old. In an amended petition, the department alleged the…