Sacramento County Department of Social Services v. Shelley C.

Shelley C. appeals from a determination of the juvenile court declaring minors Derek, Darren, and David free from her custody and control. (Welf. & Inst. Code, § 366.26.) 1 We conclude inadequate reunification services were provided to this family, and also conclude the juvenile court erroneously denied regular visitation between this mother and her children after terminating reunification services, thus both violating the statutory directive and depriving the mother of the opportunity to come within the exception to adoptive placement expressly permitted when a parent has maintained a regular visitation schedule. Accordingly, we reverse.

Factual and Procedural Background

On March 22, 1990, Shelley voluntarily placed her two younger sons, Darren, age two and one-half, and David, age one and one-half, in foster care through the Placer County Welfare Department. At that time, Shelley told the social worker she “was unable to provide for the children due to personal stress in her life.” On the same day, Shelley filed for divorce from her physically abusive husband. 2 Two months later, on May 22, 1990, Shelley contacted the welfare department to request foster placement for…