KAREN S. v. Superior Court

[1008]

Opinion

SCOTLAND, P. J.

Karen S. and Larry T., parents of David T. (the minor), seek a writ of mandate (Cal. Rules of Court, rule 39.1B) directing the juvenile court to vacate its orders denying them reunification services and setting a permanency planning hearing (Welf. & Inst. Code, § 366.26; further section references are to this code).

1

Larry also requests a stay of proceedings in the respondent court.

In the published part of this opinion, we reject Larry’s claim that the juvenile court erred in denying him reunification services pursuant to section 361.5, subdivision (b)(12) on the ground that he “resisted prior treatment” for his chronic use of drugs and alcohol. As we shall explain, when, like Larry, a parent participates in a substance abuse treatment program but continues to abuse illicit drugs or alcohol, the parent has “resisted” treatment within the meaning of section 361.5, subdivision (b)(12).

In the unpublished portions of this opinion, we reject petitioners’ remaining contentions. Accordingly, we shall deny the petition, rendering moot the request for a stay.

Facts and Procedural Background

The department of social services (DSS) removed the minor from petitioners’ custody when the minor was less than a month old. Earlier in the year, Karen’s untreated mental health problems and abuse of alcohol had resulted in the removal and permanent placement of her other five children. Larry had a history of polysubstance abuse and was on methadone. Petitioners stipulated to the minor’s detention.

At the conclusion of a contested jurisdiction hearing, the juvenile court found: (1) the minor suffered, or was at substantial risk of suffering, serious physical harm or illness as a result of petitioners’ failure and inability to supervise or protect the minor adequately, and as a result of petitioners’ inability to provide regular care for the minor due to Karen’s mental illness and petitioners’ substance abuse (§ 300, subd. (b)); and (2) the minor’s siblings had been abused and neglected and there was a substantial risk the minor would be neglected as a result of petitioners’ substance abuse and mental health problems (§ 300, subd. (j)).