In re A.T. CA3

FACTS AND PROCEEDINGS

In April 2012, appellant was arrested on charges of felony domestic violence and child abuse. In May 2012, the Sacramento County Department of Health and Human Services (Department) took A.T. into protective custody because mother continued to deny the abuse, claiming the injuries she suffered were self inflicted. In June 2012, the Department recommended the juvenile court sustain the dependency petition and order reunification services for appellant (who was incarcerated) and mother. The court adopted the Department’s recommendation, sustained the petition, and ordered reunification services for both parents. In sustaining the petition, the juvenile court found “[r]easonable efforts were made to prevent or eliminate the need for removal from the home.” Appellant filed a timely notice of appeal.

DISCUSSION

Appellant’s only argument on appeal is that because the Department’s plan for services was not tailored to his needs as an incarcerated parent, the Department failed to make reasonable efforts to return the minor to a safe home. Appellant is conflating two separate issues that arise at different stages of dependency proceedings: (1) reasonable efforts to…