San Diego County Health & Human Services Agency v. S. W.

Good Law
157 Cal. App. 4th 49·2007 Cal. App. LEXIS 1909·68 Cal. Rptr. 3d 435
Court of Appeal of CaliforniaNovember 21, 2007No. D051108California6,980 words

Opinion

lead Opinion

McConnell, J.

S.W., mother of dependent minors Jesse W. and J.W., appeals an order terminating her reunification services at a six-month review hearing under Welfare and Institutions Code section 366.21, subdivision (e). 1 This case presents an issue of first impression: whether, at a six-month review hearing involving dependent minors under the age of three, the juvenile court is required to continue previously offered reunification services for one parent when reunification efforts continue for the other parent and the court does not set a section 366.26 selection and implementation hearing. We conclude the juvenile court may, but need not, continue an offer of reunification services to one parent when services are extended for the other parent and no selection *56 and implementation hearing is set. Given that discretion, we further conclude the court here properly terminated S.W.’s services because the evidence showed S.W., despite receiving six months of services, made no attempt at reunification and was extremely unlikely to do so in the near future. Accordingly, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

In November 2006, two-year-old Jesse and eight-month-old J.W.…

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