Tracy J. v. Superior Court

*1419 Opinion

Tracy J. and Michelle B. seek review of juvenile court orders terminating family reunification services and setting a hearing under Welfare and Institutions Code section 366.26. (Further statutory references are to the Welfare and Institutions Code.) They contend there is not substantial evidence to support the findings that it would be detrimental to return their son, T.J., to their physical care and that reasonable services were offered or provided to them.

We conclude that the parents, who are developmentally disabled, did not receive reasonable family reunification services. Despite positive reports from professionals about the parents’ devotion to the child and to his safety, the San Diego County Health and Human Services Agency (the Agency) unreasonably limited visitation services. We emphasize that harm to a child cannot be presumed from the mere fact a parent is developmentally disabled. The Agency may not limit a developmentally disabled parent’s visitation in the absence of evidence showing the parent’s behavior has jeopardized or will jeopardize the child’s safety, and it cannot impede the progression of visitation services to a parent solely out of…