Renee J. v. Superior Court

28 P.3d 876, 110 Cal. Rptr. 2d 828, 26 Cal. 4th 735, 2001 Daily Journal DAR 8755, 2001 Cal. Daily Op. Serv. 7133, 2001 Cal. LEXIS 5259
CourtCalifornia Supreme Court
DecidedAugust 16, 2001
DocketS090730
StatusPublished
Cited by228 cases

This text of 28 P.3d 876 (Renee J. v. Superior Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Renee J. v. Superior Court, 28 P.3d 876, 110 Cal. Rptr. 2d 828, 26 Cal. 4th 735, 2001 Daily Journal DAR 8755, 2001 Cal. Daily Op. Serv. 7133, 2001 Cal. LEXIS 5259 (Cal. 2001).

Opinions

[739]*739Opinion

WERDEGAR, J.

This case calls upon us to construe Welfare and Institutions Code section 361.5,1 which governs orders for reunification services in child dependency proceedings. Pursuant to subdivision (a) of that statute, whenever a child is removed from a parent’s or guardian’s custody, with certain exceptions not applicable here, the juvenile court shall order the social worker to provide services to the child and the child’s parent or guardian. Subdivision (b) of the statute, however, provides that reunification services need not be offered when the court finds, by clear and convincing evidence, that any of a number of conditions exists. Subdivision (b)(10) of section 361.5 provides that services may be denied on a finding “[tjhat (A) the court ordered termination of reunification services for any siblings or half-siblings of the child because the parent ór guardian failed to reunify with the sibling or half-sibling after the sibling or half-sibling had been removed from that parent or guardian pursuant to Section 361 and that parent or guardian is the same parent or guardian described in subdivision (a), or (B) the parental rights of a parent or guardian over any sibling or half-sibling of the child had been permanently severed, 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 or half-sibling of that child from that parent or guardian.” (Italics added.)

Mother Renee J. was denied reunification services under subdivision (b)(10) of section 361.5. On the facts of this case, the correctness of that ruling hinges on whether the italicized language in the immediately preceding paragraph applies to both subparts (A) and (B), or only the latter. The Courts of Appeal are divided on the question, and the present Court of Appeal joined the court in Shawn S. v. Superior Court (1998) 67 Cal.App.4th 1424 [80 Cal.Rptr.2d 80], holding that the language applies to both subparts. (Accord, In re Diamond H. (2000) 82 Cal.App.4th 1127 [98 Cal.Rptr.2d 715]; but see Marshall M. v. Superior Court (1999) 75 Cal.App.4th 48 [88 Cal.Rptr.2d 891] (Marshall M.) [holding “reasonable effort” language applies only to subpart (B)]; In re Jasmine C. (1999) 70 Cal.App.4th 71, 76 [82 Cal.Rptr.2d 493] [same]; In re Baby Boy H. (1998) 63 Cal.App.4th 470, 475 [73 Cal.Rptr.2d 793] [same]; see also Marlene M. v. Superior Court (2000) 80 Cal.App.4th 1139 [96 Cal.Rptr.2d 104] [implicitly concluding same].) Thus, in the absence of the requisite finding, the court granted Renee J.’s petition for extraordinary relief, ordering the juvenile court to vacate its order denying services and directing a new dispositional hearing be held at which services would be offered.

[740]*740We find the statute ambiguous in the relevant respect and the canons of construction of little assistance in resolving the question before us. From recent legislative trends toward restricting the circumstances in which reunification services must be provided, however, we discern a legislative intent to deny reunification services to a parent who previously has failed at reunification. We conclude the Court of Appeal erred in its reading of the statute and therefore reverse.

Facts and Procedure

Sayrah R. was born to Renee J. in October 1998. Several of Renee’s older children previously had been the subject of dependency proceedings: Anthony R., bom in September 1996, Christopher R., bom in September 1995, and Dylan J., bom in December 1990, had been declared dependents of the Orange County Juvenile Court under section 300, subdivisions (b) and (j) in November 1996, after Anthony was bom with a positive toxicology screen for methamphetamine.

Both Renee J. and Robert R., the father of Anthony, Christopher and Sayrah, had long-standing substance abuse problems and an extensive history of domestic violence. In January 1998, after Renee and Robert had received reunification services in the earlier dependency proceeding for 14 months without completing successfully any of the drag programs, testing regimens, parenting classes, housing procurements, domestic violence programs, or visitation schedules that had been prescribed for them by the trial court, the Orange County Juvenile Court terminated reunification services. Later, the court terminated Renee’s and Robert’s parental rights to Anthony and Christopher, who were in the process of being adopted. Renee’s parental rights to Dylan J. were also terminated, and Dylan was in the process of being adopted by Renee’s father and stepmother.2

According to Renee, when she learned she was pregnant with Sayrah, she began to abstain from drugs and thereafter remained abstinent, although she completed no treatment programs. She acknowledged needing help, such as counseling or a program, in the area of substance abuse. Renee obtained prenatal care throughout the pregnancy, and Sayrah was healthy at birth.

From the time Sayrah was two months to four months old, Renee J. lived with Robert R. At that point, however, she stopped living with Robert and ended the relationship because he became emotionally abusive toward her and she feared he would physically abuse her again, as he had in the past. Thereafter, Renee lived with a friend for a short while and then began living [741]*741with her friend Leticia Velez, a former schoolteacher. In lieu of rent, Renee provided child care services for Velez’s children. Velez told the social worker she had not been very trusting of Renee at first because she had heard Renee had lost custody of her other children, but Velez began to trust her completely after seeing her consistency in disciplining the children. Velez also said she saw no sign of drug use in Renee during the time she lived with her.

In April 1999, Renee was arrested for burglary and forgery. She was convicted of possessing deceptive government identification, possessing a driver’s license to commit forgery, receiving stolen property, second degree burglary and two counts of felony possession of bad checks or money orders. Renee was sentenced to 60 days in jail and 36 months’ probation. She did not, however, turn herself in to serve her sentence.3

On January 6, 2000, police officers on patrol recognized Renee as a person with outstanding warrants and arrested her. The officers found Sayrah in an improperly secured car seat. In a diaper bag in the car, police found a wallet, personal checks and credit cards that had previously been reported stolen. Renee’s picture with an unknown male subject was found inside the wallet, along with the owner’s identification. Renee asserted she had found the wallet and notified the owner, but had not had time to return it to her. Police confirmed that the owner of the wallet had received a call from a “Renee,” who said she would bring the wallet to the owner’s workplace but had never showed up. Renee was eventually sentenced to 150 days in jail on old warrants and probation violations. No new charges were filed in connection with Renee’s possession of the reportedly stolen wallet. No drugs or paraphernalia were found in Renee’s car.

When Sayrah was taken into protective custody, she was dirty and her diaper had not been changed for several hours, but she appeared healthy and developmentally normal.

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28 P.3d 876, 110 Cal. Rptr. 2d 828, 26 Cal. 4th 735, 2001 Daily Journal DAR 8755, 2001 Cal. Daily Op. Serv. 7133, 2001 Cal. LEXIS 5259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/renee-j-v-superior-court-cal-2001.