In Re Tanyann W.

118 Cal.Rptr.2d 596 (2002) 97 Cal.App.4th 675 In re TANYANN W. et al., Persons Coming Under the Juvenile Court Law.

Kern County Department of Human Services, Plaintiff and Appellant,

v.

Karen A. et al., Defendants and Respondents.

No. F038969. Court of Appeal, Fifth District.

April 12, 2002. B.C. Barmann, Sr., County Counsel, and Jennifer L. Thurston, Deputy County Counsel, for Plaintiff and Appellant.

[597] Roland Simoncini, under appointment by the Court of Appeal, San Diego, for Defendant and Respondent Karen A.

Kimball J.P. Sargeant, under appointment by the Court of Appeal, Davis, for Defendant and Respondent Hector A.

OPINION

BUCKLEY, J.

The Kern County Department of Human Services (County) appeals the granting of reunification services to respondents, which was premised on the court's finding inapplicable Welfare and Institutions Code section 361.5, subdivision (b)(6).[1] On appeal, the County argues the court too narrowly construed the term "sibling" in the statute. We will affirm the judgment.

DISCUSSION

After gaining her majority, Tara K. reported years of rape and other sexual abuse by respondents, who had been her legal guardians. Juvenile authorities removed respondents' other ward, 14-year-old Tanyann W., for whom they were legal guardians, and their biological child, 7-year-old Katie A. The County recommended against providing reunification services for Tanyann and Katie at disposition, relying on section 361.5, subdivision (b)(6), which permits such denial in the case of "severe sexual abuse or the infliction of severe physical harm to the child, a sibling, or a half-sibling by a parent or guardian, ..." The court reluctantly ruled that the statute did not apply:

"While this court would urge the legislature to consider adding step-siblings and what is commonly referred to as `foster sisters/brothers' to this section, the legislature has not currently done so. Therefore, it would be inappropriate to apply this section to this case. The child sexually assaulted by [respondents] was neither the sibling nor half-sibling of [Katie A.] or [Tanyann W.]. Therefore, the court must order reunification services to both parents/legal guardians at this time."