CHILDREN AND THE LAW
...Dependency Petitions
......Periodic Review Hearings
.........Termination of Reunif. Improper
10 Cards On This Topic:

Juvenile court erred in terminating reunification based on mother's one-time use of Tylenol/codeine for headache, and in improperly considering quality of C's relationship with foster parents.

Mother was denied full benefit of her reunification period when trial court precluded social worker from proceeding with a 60-day trial release.

Court improperly deferred to SSA in deciding C could not be returned to F while he lived with relative who had one past confrontation with own teenager; SSA had express burden to prove issue, not "discretion" to decide it.

Substantial evidence did not support removing M from mother—single instance of being late picking M up from daycare did not pose substantial risk of harm.

Denial of visitation supported by substantial evidence, court misinterpreted W&IC §317 (f) to preclude E from testifying or giving info at 6-mo. hrg; F prejudiced at 12-mo. hrg by lack of info re therapeutic progress or changed circs.

Finding that DSS provided active remedial services for 12-mo. statutory reunif. period not supported by evidence; 12-mo. period not reduced simply because parents not expected to comply.

Termination of reunification vacated where DCFS failed to provide reasonable services to incarcerated F; court can continue 18-mo. hearing or make detriment finding.

Fact that parent continues to deny molestation allegations and hasn’t "internalized" parenting lessons doesn’t support finding of detriment.

Juv. court erred in concluding it had no discretion to continue reunification beyond 18-mo review even though it found services DCS offered to family were "a disgrace."

Error to terminate reunification services when no reunification plan ever developed for father and inadequate services offered; statutory time limits do not apply.