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Name: In re Allison J.
Case #: A128626
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/10/2010
Summary

Denial of reunification services under section 361.5, subdivision (b)(12) was not a denial of due process. Following an order of jurisdiction, father was denied reunification services pursuant to Welfare and Institutions Code section 361.5, subdivision (b)(12) because of his prior conviction for a violent felony. On appeal, father contended that section 361.5, subdivision (b)(12) violated his substantive due process rights because the statute does not require a nexus between his criminal history and his ability to parent. The appellate court rejected the argument and affirmed. The appellate court found the argument identical to that rejected in In re Renee J. (2001) 26 Cal.4th 735. Section 361.5, subdivision (b)(12) advances a primary purpose of juvenile court law, that is providing children with protection and stability in a timely fashion by efficiently allocating scarce reunification services.