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Name: In re Albert T.
Case #: B189559
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 11/26/2006

The juvenile court denied mother services under section 361.5, subdivision (b)(10). On appeal, mother argued that although the juvenile court previously terminated services for the minor’s brother, Alan, because she failed to reunify with him, the evidence at the disposition hearing for the minor was insufficient to support the court’s implied finding that she had not subsequently made a reasonable effort to treat the problems which led to Alan’s removal. The appellate court agreed and reversed. Although the Department claimed that Alan was removed for domestic violence, and mother had not made efforts to treat this problem, the record shows that although domestic violence was a “concern,” Alan was removed because his parents could not cope with his behavior. Mother had completed several programs to address domestic violence, and participated in individual counseling. The Department failed to present evidence to satisfy its burden of showing that mother had not made reasonable efforts to treat the problem of domestic violence. The statute requires reasonable efforts to treat the problem, not the success of those efforts. Although mother may ultimately be unsuccessful in getting the minor returned, she has earned the right to try.