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Name: In re E.G.
Case #: G052899
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/10/2016
Summary

Court ordered drug treatment pursuant to Penal Code section 1000 proceedings constitutes “prior court-ordered treatment” for purposes of bypass provisions. The Agency recommended that the court should bypass reunification for mother in a dependency proceeding, citing Welfare and Institutions Code section 361.5, subdivision (b)(13). The juvenile court granted services, as mother’s prior drug treatment had been ordered as a result of deferred entry of judgment (Pen. Code, § 1000), and the court found that section not to be “prior court-ordered treatment” for purposes of the bypass section. The Agency appealed the order. The appellate court reversed and remanded the matter for the juvenile court to determine whether mother “resisted” treatment and whether services would benefit the minor. Treatment ordered under Penal Code section 1000 is “prior court-ordered treatment” for purposes of section 361.5, subdivision (b)(13). There is no principled difference between drug treatment ordered pursuant to Penal Code section 1000 and any other drug treatment ordered by a court during unrelated criminal proceedings.