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Name: In re A.A.
Case #: E053775
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/14/2012

Juvenile court properly denied modification motion where mother was still incarcerated at the time of second dependency proceeding. Minor was removed from mother following mother’s incarceration on drug charges, and placed with father. Reunification services to mother were terminated following placement with father. A month later, dependency proceedings were reactivated following father’s abuse of the minor. Services were ordered for father, but not mother. Father failed to reunify, and a section 366.26 hearing was set. Mother filed a motion to modify the order denying her services, but it was denied. The juvenile court terminated parental rights of both parents. Mother was incarcerated during the entire proceedings. The appellate court held that the juvenile court was not required to consider placing the minor with mother because she was not a nonoffending parent, and the minor had previously been removed after a finding of risk which had not been alleviated. Because the Department had considered relatives for placement, there was no other relief available to the incarcerated mother pursuant to section 361.2. Further, mother presented no material change of circumstances to justify the modification of the court order because she was still incarcerated at the time of the filing of the petition.