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Name: In re B.L.
Case #: D060478
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/06/2012

Reunification services were properly denied to parents where minor was removed from grandparents who had been given custody of the child pursuant to a guardianship. In a first dependency case, parents were given reunification services but failed to reunify with the minor. At a 366.26 hearing, the court appointed the grandparents as guardians. In a second dependency proceeding, the minor was removed from the grandparents. Parents contended on appeal that the court erred in denying them reunification services in the second proceeding because section 361.5(b)(10) did not apply. Respondent argued that 361.5(b)(10) applied because the parents’ services were terminated in the first proceeding, citing In re Gabriel K. (2012) 203 Cal.App.4th 188. The appellate court held that it disagreed with Gabriel K., and that the juvenile court had, in fact, erred when it denied services under section 361.5(b)(10). However, parents were not entitled to services because the minor was not removed from them, but removed from the grandparents. Therefore reunification services were properly denied to the parents.