A.A.

A.A. v. Superior Court

Good Law
146 Cal. Rptr. 3d 805·2012 Cal. App. LEXIS 968·209 Cal. App. 4th 237·2012 WL 3968917
Court of Appeal of CaliforniaSeptember 12, 2012No. D062114California2,411 words

Opinion

Lead Opinion

Huffman, J.

A.A. seeks writ review of a juvenile court order denying her reunification services as to her minor, D.A., and setting a hearing under Welfare and Institutions Code section 366.26. 1 She contends the court erred in denying reunification services under the bypass provisions of section 361.5, subdivision (b)(15). We will find that section does not apply to the circumstances of this case and grant the requested relief.

FACTUAL AND PROCEDURAL BACKGROUND

A.A. is the mother of two children, D.D., Jr., age four, and D.A., age 11 months. In January 2010, the San Diego County Health and Human Services Agency (Agency) filed a petition under section 300, subdivision (b) with regard to D.D., Jr. A.A. was provided with 18 months of reunification services and on July 20, 2011, D.D., Jr., was placed with A.A. with a plan of family maintenance.

D.A. was bom shortly after the July 2011 hearing. Following D.A.’s birth, A.A. was out of services due to medical complications and lack of child care. In September 2011, A.A. spoke with social worker Yvonne Munoz and a monthly compliance meeting was scheduled for September 20, 2011, however, Munoz was unable to attend the meeting.

*240 Munoz…

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