In re I.A.Annotate this Case
B.A. (Mother) and D.V. (Father) were the parents of six-year-old I.A.-V. (I.) and eight-year-old Is.A.-V. (Is.). Mother and Father had a history with child protective services due to ongoing domestic violence and neglect issues, resulting in the removal of their children from their care. I. and Is. were first removed from Mother in 2015. At the close of the first dependency, Mother’s reunification services were terminated, and Father received legal and physical custody. In 2017, I. and Is. were removed from Father’s custody and placed with Mother as a previously noncustodial parent. The second dependency resulted in Mother receiving legal and physical custody of the children and termination of Father’s reunification services. The third and current dependency commenced in 2018 after I., Is., and A.A. were removed from Mother’s care for the same reasons as previously. At the dispositional hearing, the San Bernardino County Children and Family Services (CFS) recommended to bypass reunification services pursuant to Welfare and Institutions Code section 361.5 (b)(10) as to all three children. The juvenile court agreed to bypass Mother’s services as to A.A. However, the court interpreted I. and Is. to be “the same child” under the statute and granted Mother reunification services as to I. and Is. Counsel for I. and Is. subsequently appealed, arguing the juvenile court erred in ordering reunification services for the parents in I. and Is.’s case after it found the bypass provision under section 361.5(b)(10) did not apply. The Court of Appeal agreed: the juvenile court’s finding that section 361.5(b)(10) did not apply to this case was reversed and the matter remanded to the juvenile court to enter an order denying reunification services to the parents in I. and Is.’s case, and to set a permanency planning hearing pursuant to section 366.26.