Filed 3/18/26 A.D. v. Superior Court CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
A.D.,
Petitioner, E087543
v. (Super.Ct.No. DPSW2200014)
THE SUPERIOR COURT OF OPINION RIVERSIDE COUNTY,
Respondent;
RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES,
Real Party in Interest.
ORIGINAL PROCEEDINGS; petition for extraordinary writ. Sean P. Crandell,
Judge. Petition denied.
Jaki Andrews for petitioner.
No appearance for Respondent.
Minh C. Tran, County Counsel, Jamila T. Purnell and Prabhath Shettigar, Deputy
County Counsels, for Real Party in Interest. 1 INTRODUCTION
Petitioner A.D. (father) filed a petition for extraordinary writ pursuant to
California Rules of Court, rule 8.452 challenging the juvenile court’s orders terminating
reunification services as to his children, N.D., L.D., and W.D. (the children), and setting a
Welfare and Institutions Code1 section 366.26 selection and implementation hearing. He
also argues the court erred in denying him reunification services under section 361.5,
subdivision (b)(10) as to his child, M.D. We deny the writ petition.
PROCEDURAL BACKGROUND
On September 14, 2023, the Riverside County Department of Public Social
Services (DPSS) filed a section 300 petition, alleging that W.D. (the child), who was one
month old at the time, came within subdivision (b) (failure to protect). The petition
alleged that the child’s mother, R.N. (mother) had unresolved mental health issues and
had previously been hospitalized for psychiatric issues; she neglected the child’s health
and well-being; she had a criminal history; and she and father (the parents) had a child
welfare history, including a prior dependency case in August 2022 in which mother failed
to participate in services and lost legal and physical custody of their two older children to
father.
A social worker filed an Out of Custody report and recommended that the child
remain in the parents’ custody but be made available to DPSS for inspection to ensure his
well-being. The social worker reported that the child resided with mother in a back
1 All further statutory references will be to the Welfare and Institutions Code unless otherwise indicated. 2 house, and father lived at the same address in the front house with their two older
children, N.D. and L.D.
The social worker reported that DPSS received a referral stating that mother gave
birth to a baby boy (the child) in an ambulance on August 5, 2023. Mother reported that
she was afraid of blood and too tired to go see a doctor, so she received no prenatal care.
It was reported that her mental health appeared unstable, as she would not make eye
contact and was shaking, and she was dirty and emitted body odor. Mother was
aggressive when nurses held the baby and rudely demanded they give him back to her.
She tested negative for all substances.
The social worker met father in his home, and he stated that he and mother were
not in a relationship. He was currently unemployed, and he supervised their children.
Father denied that mother supervised the children or was ever left alone with them, but
also said he did not believe they would be in danger around her.
DPSS was concerned for the child’s safety, due to the mother’s history of mental
illness. She had previously been placed on section 5150 holds and had been prescribed
medication. The parents expressed their willingness to enroll in services. Therefore,
DPSS recommended that the child remain in the parents’ care and said it would provide
additional oversight to ensure his safety.
The social worker additionally reported on the parents’ prior history. On May 21,
2021, the police responded to the home because mother pushed the father in front of one
of the children. Father informed the police that mother had been in a mental health
facility in the past, and she was refusing to take her prescribed psychiatric medications.
3 Mother was observed to be delusional and irrational. Father pressed charges and was
granted an emergency protective order, and mother was arrested. On May 25, 2021,
father filed a request for a domestic violence restraining order to protect himself and N.D.
and L.D. against mother. On June 15, 2021, father appeared in court and was granted the
restraining order. Mother was ordered to move out of father’s home and stay at least 100
yards away from the protected persons. The restraining order was good for three years,
until June 2024.
The social worker further reported that, on June 29, 2022, a referral was received
with concerns of mother having a psychotic episode, as she was punching herself in the
face in front of the children. She was placed on a psychiatric hold. On August 4, 2022,
an out of custody hearing was held, and the court detained N.D. and L.D. from mother
and ordered them to remain in father’s care. During the dependency case, mother did not
present herself to DPSS. Therefore, on May 2, 2023, the dependency case terminated and
father was granted sole physical and legal custody.
The court held the initial hearing in the instant case on September 29, 2023. The
court found father to be the presumed father of the child, based on the information
provided.2 The court found a prima facie showing was made that the child came within
section 300 and detained him as to mother, but ordered that he remain in father’s care.
The court ordered that father make the child available and accessible to DPSS, and it set a
jurisdiction/disposition hearing. It noted there was a restraining order in place and
2 Father stated he did a paternity test, and he was the child’s biological father.
4 understood that father let mother live in the back house because he did not want her on
the streets. However, the court warned father that he needed to comply with the
restraining order or else it could detain the child and the older children from him.
Jurisdiction/Disposition
On October 20, 2023, the social worker filed a jurisdiction/disposition report,
recommending that the court sustain the petition, declare the child a dependent, order
reunification services for mother and family maintenance services for father, order father
to complete the Safe Care parenting education program, and order a restraining order to
prevent mother from entering father’s home and having contact with the child, with the
exception of visits approved by DPSS.
The social worker reported that, on October 18, 2023, the maternal grandmother
(MGM) stated mother was diagnosed with schizophrenia at 19 years old, and prior to
that, the family had observed mental health issues. Mother was observed talking to
herself in the shower and hearing voices in her head. The MGM confirmed mother’s
history of being hospitalized and stated that mother refused to take her medications. The
MGM also said father knew from day one about mother’s schizophrenia and added, “The
fact that he keeps getting her pregnant and they keep having kids, it’s just a bad
situation.”
The social worker further reported that she asked father if he would be willing to
participate in parenting education. He agreed, as long as there was no commitment. He
said he did not want to be forced since he had participated in services such as therapy,
5 parenting classes, and drug testing for about two years before, and “nothing really []
changed.”
The social worker reminded father not to allow mother in his home and that she
could only have supervised contact with the child, arranged through DPSS. Father said
mother came by every day to drop off breast milk, but he did not allow her in the house.
He then said he wanted a restraining order against mother to prevent her from coming
into the house because sometimes he would tell her to leave and she would come back 10
minutes later. He added that sometimes when he was gone, he would return, and she was
in the house.
On August 10, 2023, the social worker made an unannounced visit, and mother,
father, and the child were in father’s home, while N.D. and L.D. were in the yard playing.
The child was sleeping, and mother was cleaning up toys in the living room. The social
worker spoke with the parents about the restraining order and mental health concerns.
Father said he wanted to speak with someone about the family law case to make
amendments to the restraining order. He said he wanted it to be a no-negative contact
order.
On September 5, 2023, another social worker made an unannounced visit to
father’s home and observed mother in the living room holding the child, while L.D. and
N.D. were sitting at the kitchen table. Father said he had not updated the restraining
order and had no plans to do so unless the court ordered him to.
The social worker made another unannounced visit on September 25, 2023.
Mother and the child were there, while father was at the beach with the older children.
6 On September 29, 2023, the social worker spoke with mother on the phone. Mother said
everyone was telling her to take medication, but she did not want to and that nothing was
wrong with her.
On October 17, 2023, the social worker made another unannounced visit and
asked father for mother’s contact information. He said he did not know where she lived3,
but she dropped by every day. The social worker provided him with business cards to
give to mother and asked him to have mother contact her. The social worker reminded
him that mother was not allowed to come inside, and he agreed.
On October 18, 2023, the social worker went to father’s home, and he said mother
had dropped by that morning, but he had lost the business cards the social worker gave
him. The following day, the social worker called father and advised him to call Vista
Community Clinic to set up a physical for the child and to ask for help enrolling in
MediCal.
The social worker reported that she had concerns for the child’s safety due to
mother’s history of mental illness. Further, mother had not engaged in services and was
not taking the medications needed to stabilize her mental health. The social worker also
had safety concerns with father’s home, which was messy and cluttered. She had
observed the child sleeping on the floor. The social worker stated that father was in need
of childcare, housing, parenting education, and support, and referrals had been submitted
on his behalf.
3 Mother apparently moved out of the back house, at some point.
7 On November 21, 2023, the social worker went to father’s home. She asked if
mother had been around, and father said he had not seen her in two weeks. The social
worker reminded him that the court ordered him to appear at the next hearing, and he said
he did not want to be involved in the case. She expressed the importance of him being
involved. The social worker asked if he had contacted Vista Community Clinic to
schedule a check-up for the child, and father asked why it was necessary for the child to
be seen by a doctor. The social worker explained the importance of regular check-ups,
and he said he would take the child to a doctor if something was wrong.
The court held a contested jurisdiction hearing on November 30, 2023. The court
sustained the petition and ordered psychological evaluations for both father and mother.
On January 10, 2024, the court held a disposition hearing and declared the child a
dependent. It ordered father to participate in family maintenance services under specified
conditions, including that he ensures the child had regular medical checkups, and that the
restraining order preventing mother from having contact with the child and entering
father’s home remain in place. Since mother’s whereabouts were unknown, the court
removed physical custody of the child from her and denied her reunification services
under section 361.5, subdivision (b)(1).
Family Maintenance Status Review
The social worker filed a family maintenance status review report on June 27,
2024, recommending that father’s services be continued and the restraining order
continue, with the exception of supervised visits approved by DPSS. The social worker
reported that mother had not contacted DPSS in response to attempts to reach her.
8 However, on May 17, 2024, the social worker visited father’s home and saw the children
playing in the yard. She observed a woman sitting in a chair and asked what her name
was, but the woman did not respond. The social worker asked if she was mother, and the
woman again did not respond. The woman then said she was Tammy (the woman who
rented the back house); however, the social worker knew she was not Tammy, since she
had met Tammy before. When father opened the door, the woman ran away. The social
worker reported that she advised father every time she spoke with him that he had to
comply with the restraining order and protect the child from mother. However, he would
always respond with, “She just shows up, what am I to do?” Thus, the social worker was
concerned that father was allowing mother access to the child and allowing her in the
home.
The social worker reported that father completed a psychological evaluation on
January 25, 2024 and was diagnosed with “attention deficit hyperactivity disorder and
[u]nspecified personality disorder turbulent type with dependent and narcissistic
features.” It was recommended that he have six individual psychotherapy sessions.
The social worker advised father during this reporting period to take the child to a
wellness checkup, but he did not comply. She spoke with him on June 25, 2024, and
verified that the child had not been seen by a doctor since he was born. The social
worker warned father that he was in violation of the court’s order and encouraged him to
take the child to the doctor by the next hearing. Father was dismissive and said, “He
looks fine to me.”
9 The social worker reported that father started the Safe Care program on March 11,
2024; however, he was reluctant to participate in services since he had completed
services during the prior dependency. On April 17, 2024, the Safe Care aid reported that
he went to father’s home and observed that the older children were playing in front,
outside of the gate, unsupervised. Father appeared to be asleep on the couch, and the
house was a complete mess. The home visits were increased from once a week to twice a
week.
In an addendum report filed on August 14, 2024, the social worker reported that
father completed the Safe Care program; however, the provider believed he needed
further parenting education. The social worker was still concerned with father’s failure to
have regular checkups for the child and his failure to recognize the danger mother posed
to the children.
The court held a review hearing on August 19, 2024, and the child’s counsel noted
her concern that mother was frequenting the home, as one of the older children made a
statement that mother was in the garage. Minor’s counsel said she sent an investigator to
the home, and he observed that the child was sleeping on a beanbag, rather than in a crib.
The court shared the same concerns and noted father was having trouble implementing
what he had learned in his parenting program. The court stated it wanted DPSS to keep a
close watch, and it continued father’s family maintenance services.
Section 387 Petition
On August 23, 2024, the social worker filed a supplemental petition for a more
restrictive placement under section 387, alleging that father allowed mother continued
10 access to the home, did not obtain a proper sleeping arrangement for the child, and
neglected the child’s hygiene. The social worker also filed a probable cause statement
with regard to the children, alleging concerns with father’s ability to adequately parent
the child and demonstrate protective capacity. She was concerned because father still
refused to take the child to any wellness checkups. The social worker further noted that,
on August 20, 2024, an unannounced visit was conducted and the house was a mess, with
small items that posed a choking hazard on the floor, as well as mattresses lying on the
floor with dirty bedding. Father said he was recently asked to buy a crib but did not think
it was necessary since the child slept on the large mattress with him. He also denied that
mother had been in the home. However, while talking to father, the social worker noticed
that N.D. went into the backyard and eventually came back. She asked where he went,
and he said he went to see “Mommy.” Father insisted that no one was in the backyard.
The social worker asked N.D. where “Mommy” was, and he led her to the garage. Father
said, “No, not the garage.” The social worker went into the garage and saw a tent made
from a bed sheet. She lifted the sheet and saw a disheveled woman squatting there. The
social worker said hello several times, but the woman just sat there frozen. The social
worker confronted father, and he said mother had mental health issues and said he just
keeps the children away from her. When the social worker asked N.D. where he slept, he
pointed to the mattress, and when asked where Mommy slept, he pointed to the loveseat
next to the mattress. Father said that was not true. The social worker opined there was
no reasonable means to protect the children without removing them from the parents’
care.
11 On the same day, the social worker additionally filed a section 300 petition, with
regard to N.D. and L.D., who were five years old and three years old, respectively, at the
time. The petition alleged they came within the provisions of subdivisions (b) (failure to
protect) and (j) (abuse of sibling). An amended section 300 petition was subsequently
filed with substantially the same allegations, with a few amendments.
The court held a detention hearing on August 26, 2024 and found a prima facie
showing was made that the children came within sections 300 and 387, and it detained
them in foster care.
The social worker filed a jurisdiction/disposition report on September 13, 2024,
recommending that the court sustain the petitions and declare N.D. and L.D. dependents,
and that the child remain a dependent. The social worker further recommended that
father be offered reunification services, but that mother be denied services. The social
worker met with the parents on September 5, 2024, and mother was disheveled and
lacked personal hygiene. Mother confirmed that she was pregnant again, but did not
confirm that father was the biological father. Father did not deny the child was his.
Father was resistant to talking to the social worker and when asked who the children’s
primary care physician was, he said “me.” He did not understand why everyone was so
worried about him taking the children to see a doctor.
The court held a hearing on September 17, 2024, and set the matter contested,
pursuant to mother’s counsel’s request. The clerk informed the court that the domestic
12 violence restraining order expired in June 2024. The court ordered mother and father to
undergo psychological evaluations, as requested by DPSS.
In an addendum report filed on October 17, 2024, the social worker reported that
mother completed a psychological examination, and the psychologist noted that she
exhibited “unusual and bizarre behaviors” and could not answer simple questions. The
psychologist believed she was “being manipulated and utilized,” noting that she had been
mentally ill for many years and “she gets pregnant over and over again from an
individual who clearly is taking advantage of her.” He stated that mother endangered her
children due to her mental illness and recommended that her parents file a
conservatorship to take control of her life so she would not end up pregnant again.
The social worker reported that mother subsequently underwent a second
psychological evaluation, and this psychologist stated it appeared that the father of
mother’s children was “sexually abusive due to the fact that [mother] is impaired to the
point where she cannot make decisions with consent due to her extreme mental illness”
and said she “is gravely disabled with bizarre behavior and thought processes.”
The social worker also reported that, on September 19, 2024, she made an
unannounced visit to father’s home, and mother was seated on the couch. Upon the
social worker’s arrival, father told mother to leave immediately. Father stated that
mother was not pregnant, to which mother replied that she was still pregnant.
The court held a contested jurisdiction hearing on October 22, 2024. It sustained
the petitions and declared L.D. and N.D. dependents and removed them and the child
from the parents’ custody. The court denied reunification services for mother and stated
13 it would be detrimental for her to have visitation with the children, but it ordered services
for father. Father’s case plan required him to undergo a psychological evaluation and
comply with all recommendations, have an evaluation to determine if psychotropic
medication was necessary, and participate in individual therapy.
Six-Month Status Review
The social worker filed a status review report on April 7, 2025, recommending
that father’s services be continued, as he was participating in parenting education and
individual therapy and had completed a psychological evaluation. The psychologist
opined that father had a personality disorder that precluded him from following DPSS’s
rules to retain custody of the children. He continued to blame the system for him losing
custody, which was a sign of his mental health issues, and he did not fully acknowledge
that mother was a deeply disturbed, mentally ill person. The psychologist noted that
father continued to have an intimate relationship with her even though it was clear she
was incapable of caring for the children, and this reflected poorly on his judgment;
further, their relationship was “grossly unhealthy in many ways,” and they were about to
have four children from the relationship. The psychologist recommended that father
continue with psychotherapy and noted that he refused to be evaluated for psychotropic
medication.
The court held a hearing on April 22, 2025, and the court stated its concerns that
father was not benefiting from his services. It added that he barely met the threshold for
continuing services, but it followed the recommendations and continued his services.
14 Twelve-month Status Review and Detention of M.D.
On September 29, 2025, the social worker filed a status review report,
recommending the court find that father failed to regularly participate and make
substantive progress in his case plan, there was no reasonable probability the children
would be returned if given another six months of services, and that return of the children
would create a substantial risk of detriment to their safety and well-being. The social
worker further recommended the court find that the children formed a sibling group, in
that the child was under the age of three at the time of removal, and also that the court
terminate father’s services and set a section 366.26 hearing. She reported that father
completed a parenting education class with Parentz@Work, as well as the Nurturing
Father’s Program However, he stated he did not feel like he learned anything new.
Father also participated in individual therapy and showed some understanding of the
impact of mother’s mental health condition on the children; however, he still believed she
did not pose any danger to them.
The social worker reported that mother was now residing with the MGM. The
MGM reported she believed mother was still seeing father, as she observed on her Ring
camera that mother would leave her house every day at 9:00 a.m. and return at 1:00 p.m.
When the social worker asked father if he had seen or spoken with mother, he said, “No
comment.”
The social worker stated that it would be detrimental to return the children to
father’s custody, as he had not successfully addressed the objectives of his case plan or
demonstrated that he benefitted from his services. Father had not accepted responsibility
15 for the reason the children were removed from his care and continued to minimize his
behavior. The social worker was also concerned with his ongoing contact with mother.
Father showed resistance to change and stated that therapy was a waste of time and that
he was a nurturing parent. However, the social worker noted that, while in his care, the
children did not receive necessary medical or educational attention, and he declined to
take them to professionals that could have addressed apparent developmental delays in
the child and the other children’s behavioral issues.
On October 3, 2025, the social worker filed a section 300 petition on behalf of
newborn child, M.D., who was born on September 29, 2025. The petition alleged that he
came within the provisions of subdivisions (b) (failure to protect), (g) (no provision for
support), and (j) (abuse of sibling). The petition specifically alleged that father had a
DPSS history with similar allegations and failed to benefit from previous services
offered.
The social worker filed a detention report, recommending that the court detain
M.D. The social worker reported that DPSS received a referral when M.D. was born.
The social worker noted that mother was on a psychiatric hold in the mental health unit
before giving birth, as she had verbalized wanting to harm the baby while pregnant.
Mother identified father as M.D.’s father. An amended petition was subsequently filed,
deleting the allegation under section 300, subdivision (g). The social worker contacted
father, and he said he wanted a paternity test done.
On October 6, 2025, the court held a detention hearing regarding M.D., detained
him in foster care, and authorized paternity testing. It then set a jurisdiction hearing for
16 November 4, 2025. Paternity testing later determined that father was M.D.’s biological
On October 9, 2025, the court held a 12-month status review hearing with regard
to the children, and father’s counsel set the matter for contest. The court set the hearing
for November 4, 2025. Both hearings were continued until December 16, 2025.
In an addendum report filed on October 29, 2025, the social worker reported that
DPSS learned on September 30, 2025, that father recently went to Wisconsin, where the
children were now living with the paternal grandparents. He had been given permission
to visit the children but was advised that he needed notify DPSS prior to going; however,
he failed to do so. On October 28, 2025, father stated that he should have the children,
and his plan was to go to Wisconsin at some point and bring them back to California. He
continued to deny responsibility and blamed the current circumstances on mother for
coming to his home.
On October 30, 2025, the social worker filed a jurisdiction/disposition report as to
M.D., recommending that the court sustain the petition, declare him a dependent, deny
reunification services to mother pursuant to section 361.5, subdivision (b)(2), deny
services to father pursuant to section 361.5, subdivisions (a) and (b)(10), and set a section
366.26 hearing. The social worker stated DPSS was concerned because in the previous
cases, father was unwilling to acknowledge the risk mother presented and how her mental
health issues placed the children at serious risk of harm. Despite ongoing case
management and services, including the Safe Care program, father continued to place the
17 children at risk of harm by allowing mother unsupervised access to the children.
Additionally, father failed to meet the children’s basic needs.
The court held a combined hearing on December 16, 2025, with regard to all the
children. With respect to the 12-month status review, the court adopted DPSS’s
recommendations, noting that father recently indicated he did not need services and that
everything DPSS asked him to do was just common sense. The court found that he failed
to participate regularly and make substantive progress in his case plan and that return of
the children would create a substantial risk of detriment to their safety and well-being. It
therefore terminated father’s reunification services as to the children and set a section
366.26 hearing. As to the jurisdiction/disposition hearing regarding M.D., the court
sustained the petition, adjudged him a dependent, and removed him from the parents’
custody. The court denied mother services under section 361.5, subdivision (b)(2), and
denied father services under section 361.5, subdivision (b)(10), as they would not be in
M.D.’s best interests. It then set this matter for a section 366.26 hearing for the same
date as the children’s case.
DISCUSSION
I. The Court Properly Terminated Father’s Reunification Services as to the Children
Father argues the court erred in terminating his reunification services as to the
children because DPSS failed to produce sufficient evidence that he failed to make
substantive progress in his case plan. He points out that he participated in therapy,
parenting education, and a psychological evaluation, as required, and he maintained
stable housing and employment. We conclude the court properly terminated his services.
18 A. Relevant Law
Section 361.5, subdivision (a), sets forth various time limitations on reunification
services depending on the child’s age. “For children over the age of three on the date of
initial removal, the presumptive period of services is 12 months, with an 18-month
maximum. [Citation.] For children under the age of three at the time of initial removal,
‘services shall be provided for a period of 6 months from the dispositional hearing, . . .,
but no longer than 12 months from the date the child entered foster care.’ [Citation.]
And where, as here, a “sibling group”—two or more children related as full or half
siblings—is removed from their parents' custody, and one of the siblings is under three
years of age on the date of initial removal, . . . the presumptive period of reunification
services for applicable sibling groups is six months from the date of the dispositional
hearing per section 361.5, subdivision (a)(1)(B).” (B.D. v. Superior Court (2025) 110
Cal.App.5th 1132, 1150-1151 (B.D.); § 361.5, subd. (a)(1)(B), (C).)4
At a 12-month review hearing, “the court shall order the return of the child to the
physical custody of their parent or legal guardian unless the court finds, by a
preponderance of the evidence, that the return of the child to their parent or legal
guardian would create a substantial risk of detriment to the safety, protection, or physical
or emotional well-being of the child.” (§ 366.21, subd. (f)(1).)
4 While the presumptive maximum period of services for children over the age of three and under the age of three is 18 months and 12 months, respectively, the actual maximum period is 24 months. (§ 361.5, subds. (a)(3), (a)(4).) 19 At the 12-month review hearing for a dependent child under three years old at time
of removal, a juvenile court that does not return a child to the parent’s custody must
either schedule a hearing under section 366.26 (§ 366.21, subd. (g)(4)), order that the
child remain in foster care (§ 366.21, subd. (g)(5)), or extend services for an additional
six months until an 18-month review hearing (§ 366.21, subd. (g)(1)-(3)). In order to
extend the case for an additional six months to an 18-month review hearing, where the
parent has received reasonable services the court must find “a substantial probability that
the child will be returned to the physical custody of their parent or legal guardian and
safely maintained in the home within the extended period of time,” which in turn requires
findings that a parent has (1) “consistently and regularly contacted and visited with the
child,” (2) “made significant progress in resolving problems that led to the child’s
removal from the home,” and (3) “demonstrated the capacity and ability both to complete
the objectives of their treatment plan and to provide for the child's safety, protection,
physical and emotional well-being, and special needs.” (§ 366.21, subd. (g)(1)-(3).)
B. The Record Does Not Compel a Finding That There Was a Substantial Probability of
Return of the Children to His Custody Within Six Months
At the outset, we note the children were removed from father at the contested
jurisdiction hearing on October 22, 2024. The child was under the age of three at that
time, and the court found them to be a sibling group at the 12-month hearing on
December 16, 2025. Thus, father had already received the presumptive maximum
number of 12 months of reunification services allowed. (§ 361.5, subd. (a)(1)(B), (C);
B.D., supra, 110 Cal.App.5th at p. 1151.)
20 In any event, father argues the court erred in terminating his services since there
was insufficient evidence to support its finding that he failed to make substantive
progress in his case plan. He is essentially claiming the court should have continued his
services for an additional six months, since he made reasonable efforts to address the
problems that led to removal of the children.
The court here actually found that father failed to make substantive progress in his
case plan, as he asserts. However, the court was not required to make this finding in
order to terminate his services and set a selection and implementation hearing pursuant to
section 366.26. To continue the case for an additional six months and thus extend
services rather than setting a selection and implementation hearing, the court was
required to find “a substantial probability that the child will be returned to the physical
custody of their parent or legal guardian and safely maintained in the home within the
extended period of time.” (§ 366.21, subd. (g).) The court here found there was no
substantial probability that the children would be returned if given an additional six
months of services. Thereafter, the court set a selection and implementation hearing.
To the extent father is arguing the court should have found there was a substantial
probability of return in six months, this argument is unavailing. “[T]he question for a
reviewing court becomes whether the evidence compels a finding in favor of the
appellant as a matter of law.” (In re Raul V. (2022) 82 Cal.App.5th 290, 300-301.) To
prevail on this challenge, father must show that the evidence compelled the finding as a
matter of law, that is, that the evidence “‘was (1) “uncontradicted and unimpeached” and
21 (2) “of such a character and weight as to leave no room for a judicial determination that it
was insufficient to support a finding.”’” (Id. at p. 301.)
Father essentially asserts there was no evidence he maintained contact with mother
in the months leading up to the termination of services, he participated in therapy,
parenting programs, and a psychological evaluation, as required by DPSS, and he
“largely completed his case plan, [and] maintained [] stable housing and employment.”
He claims these facts “lend credence to the notion that six additional months of services
would have resulted in” the return of his children.
We disagree. While father did complete some of his services, the evidence
showed that he failed to benefit from them. He completed three parenting education
programs, participated in individual counseling, and completed a psychological
evaluation. However, he stated therapy was a “waste of time” and insisted he was a
nurturing parent. Further, when the children were in his care, father failed to meet their
basic needs, including medical care, a safe place to sleep, adequate supervision, and a
home free of debris and choking hazards. Remarkably, father could not even see the
need for regular medical check-ups for the child. He still did not understand why DPSS
had to be involved with his family.
Moreover, father’s psychological evaluation indicated that he was in deep denial
and would likely not follow through in keeping mother away from the children. He
continued to blame the system for him losing custody, which the psychologist said was a
sign of his mental health issues. Mother had “extreme mental illness” and was “gravely
disabled with bizarre behavior and thought processes,” yet father did not fully
22 acknowledge that she was severely mentally ill. The psychologist noted that father
continued to have an intimate relationship with her even though it was clear she was
incapable of caring for the children, and this reflected poorly on father’s judgment.
Further, father was unwilling to acknowledge the serious risk mother posed to the
children, and he placed them at risk of harm by allowing her unsupervised access to
them.
In view of the record, we conclude the evidence does not compel a finding that
there was a substantial probability of return to father’s care. The court properly declined
to extend the case for an additional six months and continue his services.
II. The Court Properly Denied Father Reunification Services as to M.D.
Father argues the court erred in denying him services under section 361.5,
subdivision (b)(10), as to M.D. He points out that the 12-month review hearing during
which the court terminated his services as to the children was calendared in conjunction
with the jurisdiction/disposition hearing for M.D. He then contends the consecutive
rulings “did not take into account the efforts he previously made to rectify the problems
that led to [the children’s] removal and did not provide further opportunity, prior to
bypass, for [him] to made additional efforts to demonstrate his protective capacity as to
M.D.” Father also asserts the court did not make any explicit findings that he failed to
make a subsequent reasonable effort to treat the problems that led to the removal of the
children.
At the outset, we note that father failed to raise these issues in the juvenile court.
Therefore, the issues are waived. (In re Lorenzo C. (1997) 54 Cal.App.4th 1330, 1338
23 [“a parent's failure to object or raise certain issues in the juvenile court prevents the
parent from presenting the issue to the appellate court”].) In any event, we conclude the
court properly denied father services.
A. Relevant Law
Section 361.5, subdivision (b) “sets forth a number of circumstances in which
reunification services may be bypassed altogether. These bypass provisions represent the
Legislature’s recognition that it may be fruitless to provide reunification services under
certain circumstances.” (Francisco G. v. Superior Court (2001) 91 Cal.App.4th 586,
597.) Specifically, “reunification services need not be provided to a parent or
guardian . . . when the court finds, by clear and convincing evidence, any of the
following: [P] . . . [P] (10) (A) That the court ordered termination of reunification
services for any siblings . . . of the child because the parent or guardian failed to reunify
with the sibling . . . after the sibling . . . had been removed from that parent or
guardian . . . and that, according to the findings of the court, this parent or guardian has
not subsequently made a reasonable effort to treat the problems that led to removal of the
sibling . . . of that child from that parent or guardian.” (§ 361.5, subd. (b)(10)(A).)
B. The Evidence Was Sufficient
In In re Harmony B. (2005) 125 Cal.App.4th 831 (Harmony B.), the juvenile court
held a six-month review hearing with respect to the mother and father’s older children, at
which the court terminated reunification services. The court conducted the
jurisdictional/dispositional hearing for their younger child immediately thereafter. It
sustained the petition, declared her a dependent, and removed her from her parents’
24 custody. The court denied reunification services to her parents based on the order
terminating reunification services as to the older siblings. (Id. at p. 836.)
Similar to the instant case, the father in Harmony B., argued on appeal that the
court abused its discretion in denying him services, based on the fact that it
denied services on the same day it terminated services as to the siblings. (Harmony B.,
supra, 125 Cal.App.4th at pp. 839-840.) This court found that “when some time has
elapsed after the termination of reunification services with respect to one child, the court
appropriately must take into account the parent’s reasonable efforts to correct the
underlying problems in the interim before the court denies reunification services with
respect to a second child. When, however, . . . the two proceedings occur in immediate
proximity, the trial court[’s] required finding under the ‘no-reasonable effort’ clause is a
formality because the parent’s circumstances necessarily will not have changed. (Id. at
pp. 842-843.)
In explaining this difference in treatment, this court explained, “[i]n our view, the
statute was amended to provide a parent who has worked toward correcting his or her
problems an opportunity to have that fact taken into consideration in subsequent
proceedings; it was not amended to create further delay so as to allow a parent, who up to
that point has failed to address his or her problems, another opportunity to do so.”
(Harmony B., supra, 125 Cal.App.4th at p. 843.)
In other words, in the instant case, it was not error for the court to deny father’s
services under section 361.5, subdivision (b)(10) immediately after terminating his
services in the children’s case. (Harmony B., supra, 125 Cal.App.4th at pp. 842-843.)
25 Moreover, father is correct that the court made no express finding that he failed to
make reasonable efforts to treat the problems that led to removal of the children. We
conclude, however, that such finding can properly be implied on the record before us,
since the implicit finding is supported by substantial evidence. (In re S.G. (2003) 112
Cal.App.4th 1254, 1260 [“we will infer a necessary finding provided the implicit finding
is supported by substantial evidence”]; see In re Corienna G. (1989) 213 Cal.App.3d 73,
83.) The juvenile court could easily conclude that father had not made a reasonable effort
to treat the problems that led to the children’s removal and that it was not in M.D.’s best
interests to provide him with reunification services. (See § I, ante.)
DISPOSITION
The writ petition is denied.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
FIELDS J.
We concur:
McKINSTER Acting P. J. MENETREZ J.