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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: Rehrg. Granted & depublished 5/9/03; new opn. issued 8/8/03: 111 CA4th 76
Summary

The minor in this case appealed from the order granting reunification services to her mentally ill mother. Although there was evidence that the mental illness might make mother incapable of reunification, the trial court concluded that it had no authority to deny services under section 361.5, subdivision (b)(2) because mother would not submit to the requisite psychological evaluation. The appellate court here reversed the order granting services and remanded for a hearing to determine whether an evaluation should be ordered, and if so, to give mother a reasonable opportunity to comply with the order. The juvenile court has the authority under the disentitlement doctrine to deny services to a parent who refuses to comply with a valid court order for a psychological evaluation.