Reunification services must be denied if the court finds, by clear and convincing evidence, and one of the 15 different statutory exceptions to the provision of services. These include:
(1) the whereabouts of the parent or guardian is unknown.
(2) The parent or guardian is suffering from a mental disability that renders them incapable of utilizing those services.
(3) The child or a sibling of the child has been previously a dependent as a result of physical or sexual abuse, and that child had been removed from the custody of his or her parent, that the child has been returned to the parent, and there has been additional physical or sexual abuse.
(4) The parent or guardian has caused the death of another child through abuse or neglect.
(5) The child was brought within the jurisdiction of the court under Welfare and Institutions Code Section 300 (e).
(6) That the child has been a dependent pursuant to and subdivision of Section 300 as a result of severe physical harm to the child or a sibling.
(7) The parent is not receiving reunification services fro a sibling of the child.
(8) The child was conceived by sexual abuse to a minor by one parent.
(9) The parent willfully abandoned the child and the abandonment was a serious danger to the child.
(10) The court ordered termination services for any siblings of the child because the parent failed to reunify the sibling after they had been removed from the home.
(11) The parental rights of a parent had been permanently served as to as sibling.
(12) The parent of the child has been convicted of a serious felony.
(13) The parent or guardian has a history of extensive, abusive, and chronic use of drugs or alcohol.
(14) The parent or guardian advised the court that they are not interested in receiving services.
(15) The parent or guardian has on one or more occasions willfully abducted the child or a child’s sibling from their placement.
In addition, the court may also order that no reunification services shall be provided to an incarcerated parent or guardian if it finds by clear and convincing evidence that to provide services would be detrimental to the child.
Since denial of services if very severe it is important to contact a knowledgeable dependency attorney to properly advise you on what you need to do to reunify. Wallin & Klarich has more than 30 years of experience in dependency. Our attorneys know from long experience what works in dependency cases, and are prepared to fight to get you the best possible outcome. With 16 attorneys throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a dependency case, call us today at 1-888-749-7428 for a consultation.
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