F.K. v. Superior Court
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In this case, F.K. (the Mother) filed a petition challenging the juvenile court's decision to terminate her reunification services and set a selection and implementation hearing regarding her daughter, A.R. The Mother contended that the Santa Barbara County Department of Child Welfare Services (the department) did not adequately consider her grief over the death of A.R.'s twin sister and did not provide reasonable reunification services. She also claimed that six months of services were insufficient.
The Mother had a history of untreated alcohol abuse, domestic violence, and criminal convictions related to these issues. The juvenile court ordered her to receive reunification services after finding the dependency petition true and removing A.R. from her custody. The services aimed at addressing her substance abuse and its impact on her ability to safely parent A.R.
The juvenile court decided to terminate the reunification services at the six-month review hearing after concluding that the Mother failed to make substantial progress in the court-ordered treatment plan. The court reasoned that it did not have discretion to extend services unless the Mother showed substantial compliance with the case plan. The court also found that the department had made reasonable efforts to return A.R. to the Mother's custody by providing reasonable services.
The Court of Appeal agreed with the Mother's contention that the juvenile court erred in terminating the reunification services. The court noted that, at the six-month review, the juvenile court had the discretion to continue the case and forego setting a hearing to terminate parental rights even if it did not find a substantial probability of the child returning to the parent. The court concluded that the juvenile court did not exercise its discretion because it incorrectly believed it was bound to terminate services due to the Mother's lack of substantial progress. The Court of Appeal ordered the juvenile court to conduct a new section 366.21 hearing.
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