In Re Aryanna C.

34 Cal. Rptr. 3d 288, 132 Cal. App. 4th 1234
CourtCalifornia Court of Appeal
DecidedSeptember 26, 2005
DocketC049254
StatusPublished
Cited by41 cases

This text of 34 Cal. Rptr. 3d 288 (In Re Aryanna C.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Aryanna C., 34 Cal. Rptr. 3d 288, 132 Cal. App. 4th 1234 (Cal. Ct. App. 2005).

Opinion

34 Cal.Rptr.3d 288 (2005)
132 Cal.App.4th 1234

In re ARYANNA C. et al., Persons Coming Under the Juvenile Court Law.
Trinity County Department of Health and Human Services, Plaintiff and Respondent,
v.
Dan C., Defendant and Appellant.

No. C049254.

Court of Appeal, Third District.

September 26, 2005.

*289 Jesse Frederic Rodriguez, Los Angeles, for Defendant and Appellant.

Jeanette Palla, Trinity County Counsel, for Plaintiff and Respondent.

DAVIS, J.

In this appeal, we consider whether the juvenile court has the authority to terminate the reunification services of a parent in a child dependency case prior to the expiration of the six-month period from the time a child has entered foster care. Dan C. (appellant), the father of two children, Aryanna and Isaiah (the minors), whose services were ended after less than three months had elapsed and whose parental rights to the minors later were terminated, contends that, once granted, reunification services may not be ended prior to the six-month review hearing, absent the filing of a petition for modification by the child protective services agency.

We conclude the juvenile court has the statutory authority, on a proper record and after conducting a hearing, to exercise its discretion and terminate reunification services at any time. In doing so, the court must consider all of the circumstances before it, and its determination must be based on a careful exercise of its discretion. In this case, we conclude that the juvenile court properly terminated appellant's reunification services approximately three months before the six-month time period elapsed. Accordingly, we affirm the order terminating appellant's parental rights.

*290 FACTS AND PROCEDURAL HISTORY

On June 8, 2004, Trinity County Department of Health and Human Services (DHHS) filed original juvenile dependency petitions pursuant to Welfare and Institutions Code section 300 on behalf of the minors, both of whom were under a year old.[1] The petitions alleged generally that substance abuse by appellant and the mother of the minors placed the minors at a substantial risk of harm. The juvenile court sustained the petitions in part.

At the July 12, 2004, dispositional hearing, the juvenile court adjudged the minors dependent children and granted appellant reunification services. The court also advised appellant that it could terminate services after six months and scheduled an "interim review hearing" in two months. Noting that appellant had done little to address his difficulties thus far, DHHS had requested "an early review to determine ... compliance with the case plan and possible termination of services should [appellant] not avail [himself] of the services ...."

At the October 4, 2004, review hearing, counsel for appellant asked the juvenile court to grant appellant three more months of reunification services. Appellant was present but in custody pending criminal charges. According to the social worker's report, appellant had failed to comply with the requirements of his reunification plan. He had tested twice for drug abuse, both times submitting positive tests for marijuana and methamphetamine. Moreover, appellant failed to attend all but one scheduled visit with the minors. For those reasons, DHHS asked the juvenile court to terminate appellant's reunification services.

At the conclusion of the review hearing, the juvenile court terminated appellant's reunification services and set the matter for a hearing to determine a permanent plan for the children. (§ 366.26.) According to the court, DHHS had provided appellant reasonable services. The court found an absence of compliance by appellant with the plan "when there could have been and should have been compliance."

On November 12, 2004, appellant, in a petition for extraordinary writ, challenged the termination of his reunification services and sought relief from the juvenile court's order setting the section 366.26 hearing. This court summarily denied the petition on December 3, 2004 (C048069).

At the March 14, 2005, section 366.26 hearing, the juvenile court found it likely the minors would be adopted and terminated appellant's parental rights. Appellant appealed the orders terminating his parental rights.

DISCUSSION

I

Appellant contends the juvenile court committed prejudicial error in terminating his reunification services prior to expiration of the six-month time period contained in sections 361.5 and 366.21.[2] According to appellant, the only method by which the court properly could end his reunification services before he received six months of services would be if DHHS filed a petition for modification (§ 388) of the dispositional order granting services, *291 which was not done in this case.[3] As he was denied the six months of services to which he was entitled, appellant argues the orders terminating his parental rights must be reversed.[4]

II

In construing statutory enactments, we look to the words of the statutes to ascertain the legislative intent and to effectuate the purpose of the law. (Gooch v. Hendrix (1993) 5 Cal.4th 266, 282, 19 Cal.Rptr.2d 712, 851 P.2d 1321; In re Heraclio A. (1996) 42 Cal.App.4th 569, 574, 49 Cal.Rptr.2d 713.) Where the language of the statute is clear, there is no need to resort to other indicia of legislative intent; no need for construction then exists. (Lungren v. Deukmejian (1988) 45 Cal.3d 727, 735, 248 Cal.Rptr. 115, 755 P.2d 299; Solberg v. Superior Court (1977) 19 Cal.3d 182, 198, 137 Cal.Rptr. 460, 561 P.2d 1148.) Finally, provisions relating to the same subject matter must be harmonized if possible. (Lungren v. Deukmejian, supra, 45 Cal.3d at p. 735, 248 Cal.Rptr. 115, 755 P.2d 299.)

Section 361.5 governs the provision of reunification services to parents. Subdivision (a) of that statute states in part: "Except as provided in subdivision (b), ... whenever a child is removed from a parent's or guardian's custody, the juvenile court shall order the social worker to provide child welfare services to the child and the child's mother and statutorily presumed father or guardians.... Child welfare services, when provided, shall be provided as follows: [¶] (1) For a child who, on the date of initial removal from the physical custody of his or her parent or guardian, was three years of age or older, court-ordered services shall not exceed a period of 12 months from the date the child entered foster care, except as otherwise provided in paragraph (3). [¶] (2) For a child who, on the date of initial removal from the physical custody of his or her parent or guardian, was under the age of three years, court-ordered services may not exceed a period of six months from the date the child entered foster care.

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Cite This Page — Counsel Stack

Bluebook (online)
34 Cal. Rptr. 3d 288, 132 Cal. App. 4th 1234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aryanna-c-calctapp-2005.