D.F.

D.F. v. Superior Court

Good Law
195 Cal. Rptr. 3d 424·2015 Cal. App. LEXIS 1062·242 Cal. App. 4th 664
Court of Appeal of CaliforniaNovember 24, 2015No. A146191California2,622 words

Opinion

lead Opinion

Banke, J.

Introduction

The juvenile court denied reunification services to D.F., the mother of A.M. (Mother), under Welfare and Institutions Code section 361.5, subdivision (b)(ll), because her parental rights to another child had been permanently severed. 1 Mother challenges the order bypassing reunification services and setting a permanency planning hearing, asserting subdivision (b)(ll) does not apply because her parental rights were severed in another state. Mother relies on our decision in Melissa R. v. Superior Court (2012) 207 Cal.App.4th 816 [144 Cal.Rtpr.3d 48] (Melissa R.), in which we held section 361.5, subdivision (b)(10), authorizing the bypass of reunification services *668 where services have been terminated due to failure to reunify as to a sibling, applies by its plain terms only to a termination of services and removal of a sibling in a California dependency proceeding. As we explain, the plain language of subdivision (b)(ll), unlike that of subdivision (b)(10), contains no such limitation. We therefore deny mother’s writ petition challenging the denial of reunification services and setting a section 366.26 hearing.

Background

A.M. is a medically fragile…

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