In re P.K. CA4/2

Good Law
Court of Appeal of CaliforniaJanuary 27, 2022E077429California3,848 words

Opinion

Opinion

BACKGROUND

Mother has four children: A.K., born in December 2011; M.K., born in April

2013; P.K., born in September 2016; and, E.S., born in May 2018. The presumed father

of the three older children is S.K. (father), and E.S.’s presumed father is T.S. P.K. is the

subject of this appeal.

1 All further statutory references are to the Welfare and Institutions Code unless otherwise noted, and references to rules are to California Rules of Court.

2 The circumstances resulting in termination of mother’s parental rights as to P.K.

began to unfold when, in 2014, her siblings M.K. and A.K. (the older siblings) were

declared dependents of the court and removed from the home pursuant to section 300 due

to their parents’ mental illness and domestic violence issues. Family reunification

services were ordered for mother but not offered to father pursuant to section 361.5,

subdivision (e)(1), which authorizes the court to bypass services for an incarcerated

parent if it determines by clear and convincing evidence that offering services would be

detrimental to the child. In 2016, when mother failed to reunify with the older siblings,

they were placed in a legal guardianship with…

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