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Name: D.B. v. Superior Court
Case #: A123439
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 02/18/2009
Summary

Denial of reunification services was proper where father failed to comply with conditions of parole involving drug treatment on two separate occasions. Appellant was the presumed father of the infant minor who was born drug addicted and whose mother died just after his birth. Appellant was denied reunification services under Section 361.5, subdivision (b)(13), based on his drug use and prior failures to comply with court-ordered treatment. Father had previously violated the terms of his parole by failing to attend treatment programs and relapsing into drug use on two occasions. On appeal, father argued that subdivision (b)(13) did not apply because the treatment was not court-ordered, but imposed by parole authorities. The appellate court rejected the argument, finding that there was no meaningful distinction between treatment ordered as a condition of probation and treatment ordered as a condition of parole for purposes of determining whether a parent’s failure to comply signifed an intractable substance abuse problem making services a waste of time. There was sufficient evidence to deny services to father under these circumstances. However, remand was required for proper ICWA notice.