Riverside County Department of Public Social Services v. B. C.

C.C., a minor girl (Minor), appeals from the juvenile court’s dispositional order granting reunification services to her mother, B.C. (Mother). Despite evidence that Mother’s mental illness might make her incapable of reunifying with Minor, the court concluded it had no authority to deny services, because Mother would not submit to a psychological evaluation as required for denial of services under Welfare and Institutions Code section 361.5, subdivision (b)(2).

We conclude a juvenile court has the authority to deny services to a parent who refuses to comply with a valid court order for a psychological evaluation. We reverse the order granting services and remand to give the court and parties an opportunity to determine how they wish to proceed in light of our decision.

I.

FACTUAL AND PROCEDURAL BACKGROUND

A. Dependency Petition and Detention Hearing

Minor was bom in January 1999. In March 2002, the Riverside County Department of Public Social Services (DPSS) filed a dependency petition regarding Minor. The petition alleged Mother had inflicted serious physical harm on Minor, causing a nosebleed and a bruise to her forehead; Mother was mentally ill and unable to…