In re Molly T.

Defendant-appellant, C.T. (Mother), appealed the dependency court’s dispositional judgment granting Mother reunification services in her absence, under Welfare and Institutions Code section 361.5. Mother claimed that her whereabouts were unknown on the date of the dispositional hearing for purposes of subdivision (b)(1) of section 361.5, thus entitling her to set a six-month hearing rather than a selection and implementation hearing. If the court denied reunification services under section 361.5(b)(1) and if the whereabouts of the parent become known within the first six months, the court may then order reunification services. As a result, a parent could potentially gain six more months to reunify with the child up to the maximum 12-month period of reunification services from the date of entry into the dependency system. Relevant here, 361.5(b)(1) was found not applicable and reunification services were ordered in Mother's absence. Mother contended the dependency court abused its discretion by commencing reunification services rather than withholding services. The Court of Appeal reduced Mother's argument to one in which she sought to use this bypass provision (361.5 (b)(1)) as a sword by arguing that the trial court abused its discretion by granting her reunification services instead of denying them under section 361.5 (b)(1). Plaintiff-respondent, San Bernardino County Children and Family Services (CFS), argued Mother’s contention lacked merit. Finding that the dependency court did not misconstrue 361.5(b)(1) or act contrary to its intent, the Court of Appeal affirmed its judgment. View "In re Molly T." on Justia Law