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Name: In re Gabriel L.
Case #: D053805
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/27/2009

The court did not abuse its discretion by terminating the father’s services where the minor was placed with the mother on family maintenance. The minor was removed from his parents for neglect and substance abuse issues. Both parents were offered services. The mother participated in services, but the father was incarcerated and then deported. After he returned, he failed to participate in any services. At a review hearing, the court placed the minor with the mother on family maintenance, and terminated the father’s services. Father appealed, contending the juvenile court abused its discretion by terminating his services. The appellate court rejected the argument and affirmed. The juvenile court has broad discretion as to whether to offer services to the noncustodial parent when the child has been placed with the other parent. Here, the father made no progress in 14 months of services. He was arrested and deported during the reunification period, and tested positive for controlled substances. He did not visit the minor. Because he did not participate in services and made no progress in resolving the problems leading to removal, the court was justified in terminating services.