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Name: In re Adrianna P.
Case #: D052400
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/20/2008

The juvenile court did not err when it bypassed services to a noncustodial father who was denied placement of the minors. The minors were removed from the mother for physical abuse. The department recommended that the court deny services to both parents under Welfare and Institutions Code, section 361.5, subdivision (b)(and (e)(1). The juvenile court held that it was not clear that the bypass provisions under section 361.5 applied to a noncustodial parent, and ordered services to both noncustodial fathers. The department appealed, contending that the juvenile court erred when it determined that the bypass provisions did not apply to noncustodial parents. The appellate court agreed and remanded the case. The juvenile court erred as a matter of law when it determined that section 361.5 did not authorize the court to bypass services to a noncustodial parent who has been denied placement of the minor under section 361.2, subdivision (a). The court is not required to distinguish between custodial and noncustodial parents, but may bypass services unless a statutory exception applies.