San Diego County Health & Human Services Agency v. Alejandro L.

Alejandro L. appeals orders placing his son, Gabriel L., with Gabriel’s mother, Ashley O., providing family maintenance services for Ashley and terminating his services. The case presents the following issue: If, after a period during which both parents were offered reunification services, the child is then placed with one parent, what is the extent of the court’s discretion to decide whether to continue to offer services to the noncustodial parent. As we shall explain, the court’s discretion should be examined under Welfare and Institutions Code section 364 1 and is similar to the court’s broad discretion as to whether to offer services under section 361.2 because in both situations the child is not in out-of-home placement, but in placement with a parent. We conclude the court may, but is not required to, continue services for the noncustodial parent. Given this discretion, we further conclude the court did not abuse its discretion by terminating

*648 Alejandro’s services when placing Gabriel with Ashley and providing family maintenance services for her. Accordingly, we affirm the court’s orders.

FACTUAL AND PROCEDURAL BACKGROUND

On July 30, 2007, the San Diego…