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Name: Earl L. v. Superior Court (Orange County)
Case #: G045369
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/18/2011

Termination of services was proper where incarcerated father failed to show progress during the reunification period. Father sought extraordinary writ relief from the juvenile court’s order terminating his reunification services and settting a 366.26 hearing. Father, who was incarcerated during the pendency of the case, contended that the juvenile court erred when it terminated services at the 18-month review hearing despite finding that the Department provided inadequate services during the most recent review period. The appellate court rejected the challenged and denied relief. The juvenile court did not err in setting a Section 366,26 hearing because it was not conditioned on a reasonable services finding. Father failed to attend prison programs and made minimal efforts throughout the case. There was no possibility that the minor could be returned within an extended time period, nor the smallest chance that father would benefit from services. He did not object to the reasonableness of services at the 6- and 12-month review stages. He should not be allowed to sit silently until the final review hearing and seek an extension based on the inadequacy of services.