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Name: In re C.C.
Case #: E032112
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/10/2003
Subsequent History: 5/9/03: Rehrg. granted & depubl.; new opn. issued 8/8/03 at: 111 CA4th 76

The minor appealed from the juvenile court’s orders granting reunification services to mother despite evidence that mother’s mental illness might make her incapable of reunifying. The juvenile court concluded that it had no authority to deny services, because mother would not submit to the requisite psychological evaluation required for denial of services under section 361.5, subdivision (b)(2). The appellate court here reversed and remanded for a new hearing. The juvenile court has the authority to deny services to a parent who refuses to comply with a valid court order for a psychological evaluation. Where a parent is not cooperative, a court has the inherent power under the disentitlement doctrine to bar that parent from seeking further assistance from the court, including reunification services. The Legislature could not have intended otherwise. Upon remand, the court should determine whether an evaluation should be ordered, give mother a reasonable opportunity to comply, and then determine based on the result of the evaluation whether to grant or deny services. If mother refuses to submit, the court may determine whether to deny her services based on her noncompliance with the court’s order.