San Diego Cty. Dep't of Soc. Servs. v. David P.
Opinion
Lead Opinion
Haller, J.
David P., the father of Joshua M., appeals from a juvenile court order that denied him reunification services under Welfare and Institutions Code 2 section 361.5, subdivision (b)(10) and (12). David contends the denial of services constituted an unfair retroactive application of these newly enacted provisions that denied him due process. He further contends section 361.5, subdivision (b), violates constitutional protections of due process and equal protection because it discriminates against those individuals who cannot afford to pay for private reunification services.
David also argues the court abused its discretion in denying him visitation with Joshua.
Procedural and Factual History
Background
This is the second dependency proceeding for Joshua, who was bom on July 21, 1992. Joshua is the son of David and Tina M. David and Tina also are the birthparents of another boy, born on August 21, 1990, who tested positive for methamphetamine at birth and became a dependent child. David was incarcerated at the time. The parents failed to reunify, and, on December 1, 1992, their parental rights were terminated as to the older boy, who was adopted by his foster mother.