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Name: In re H.D. (2024) 99 Cal.App.5th 814
Case #: D082615
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/14/2024

In the context of Welfare and Institutions Code section 213.5, probation officers and social workers are the same. Minor was removed due to Mother’s substance abuse. Following the termination of parental rights, Minor requested a restraining order protecting Minor from Mother. The juvenile court granted the restraining order and Mother appealed. The reviewing court affirmed, rejecting a literal interpretation of section 213.5, because in the context of section 213.5, probation officers are the same as social workers. While the reviewing court found that the issue was forfeited for the failure to raise it below, it chose to exercise its discretion to reach the forfeited issue because it involves an important legal issue of statutory interpretation that could reoccur.