§5.17 Ordering Reunification Services

[1] Right to Services
[2] No Right to Services
[3] Length of Services
[4] Social Worker’s Report on Reunification
[5] Advisements

[1] Right to Services

You generally must order reunification services for both a child and the child’s parents or guardian when you order the child removed from the home. [WIC §361.5(a); CRC 5.695(f)(1); In re Kristin W. (1990) 222 CA3d 234, 254.] A noncustodial parent interested in custody may be entitled to services. [See WIC §361.2(b)(3); Robert L. v Superior Court (1996) 45 CA4th 619, 628.] An incarcerated or institutionalized parent has a right to services unless you determine by clear and convincing evidence that the services will be detrimental to the child. [WIC §361.5(e)(1).]

You may grant a request for reunification services to a natural Kelsey father who demonstrates a full commitment to his parental responsibilities during the reunification phase and within a reasonable time of learning of the child’s existence, is a fit parent, and has had his due process rights violated by the department’s dilatory tactics. [In re Andrew L. (2004) 122 CA4th 178, 190–193, 195.]

As between presumed, natural, and alleged fathers, only a statutorily presumed father is entitled to reunification services and custody of the child. [In re Cody B. (2007) 153 CA4th 1004, 1009; In re Mary G. (2007) 151 CA4th 184, 197.]

[2] No Right to Services

A biological father who is not a presumed father is not entitled to services, but you may order services when they are in the child’s best interests. [In re Zacharia D. (1993) 6 C4th 435, 451–456.] Stepparents, de facto parents, or grandparents also do not have a statutory right to services. [See In re Jodi B. (1991) 227 CA3d 1322, 1329; In re Jody R. (1990) 218 CA3d 1615, 1628; In re Albert B. (1989) 215 CA3d 361, 381.] A foster parent or relative with whom a child is placed, although not necessarily entitled to services, may be required to participate if you deem it appropriate and in the child’s best interest. [WIC §362(c).]

[3] Length of Services
Reunification services may not exceed:

• Twelve months from the date the child entered foster care if the child was at least 3 years old when first removed [WIC §361.5(a)(1); see Part 3, §6.02 for definition of “date child entered child care”]; or
• Six months if the child or a member of a sibling group was less than 3 years old when removed [WIC §361.5(a)(2), (3)].

At a six-month review hearing, if you decide to continue services, you should consider the likelihood of reunification during time remaining until the 12-month review hearing, even if less than six months remain before the 12-month hearing. [In re Tonya M. (2007) 42 C4th 836, 843, 846.]

You may extend the services for up to 18 months from the date of the original removal if the parents show a substantial probability of reunification within the extended period, or you determine that reasonable services were not provided. [See WIC §361.5(a).]

You also have the discretion, depending on the circumstances, to terminate reunification services at any time when continued services are not in the child’s best interests and the likelihood of reunification is extremely low. [In re Aryanna C. (2005) 132 CA4th 1234, 1242–1243; In re Derrick S. (2007) 156 CA4th 436.]

[4] Social Worker’s Report on Reunification

In deciding whether to order reunification, review the social worker’s report, which must discuss [WIC §361.5(c)]:

• Whether reunification must be provided;
• Any circumstances that indicate whether reunification is likely to be successful or unsuccessful; and
• Whether the failure to order reunification is likely to be detrimental to the child.

Factors indicating reunification services are unlikely to be successful include [WIC §361.5(c)]:

• The parent’s failure to respond to previous services;
• The fact that the child was abused while the parent was under the influence of drugs or alcohol;
• A past history of violent behavior; or
• If the parent is suffering from a mental disability, testimony by two competent professionals that the parent’s behavior is unlikely to be changed by services.

[5] Advisements

If the child was under age three when first removed, or is a member of a sibling group in which one sibling is under three, you must advise the parent or guardian that efforts to reunify may be terminated after six months if he or she does not regularly participate in treatment programs or use services. You must also inform the parents of the factors you used to limit services to six months for any member of a sibling group. [WIC §361.5(a).]

If you order reunification services, you must advise the parents about the .26 hearing [see Part 3, §7.01] and that their parental rights may be terminated. [WIC §361.5(a).]