San Francisco Human Services Agency v. Jeremiah J.

The juvenile court denied Jeremiah J. (father) reunification services pursuant to Welfare and Institutions Code section 361.5, subdivision (b)(12) (section 361.5(b)(12)), which allows a court to bypass reunification services where a parent has committed a “violent felony” within the meaning of Penal Code section 667.5, subdivision (c). 1 On appeal, father contends section 361.5(b)(12) is “unconstitutional because it does not require a nexus between the criminal conduct and the ability to parent.” Specifically, father contends section 361.5(b)(12) violates his substantive due process rights.

We affirm. We conclude section 361.5(b)(12) satisfies the requirements of substantive due process when considered in connection with section 361.5, subdivision (c).

*1110 FACTUAL AND PROCEDURAL BACKGROUND

Allison J. was bom in November 2008. In August 2009, the San Francisco Human Services Agency (Agency) filed a section 300 petition alleging mother’s mental health and substance abuse problems prevented her from caring for Allison. The petition also alleged father was a registered sex offender who had a criminal record and who could not protect Allison from mother. (§ 300, subds.…