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Name: In re Kenneth M.
Case #: C046285
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/15/2004
Subsequent History: 2/2/05: revw den.
Summary

The juvenile court denied mother reunification services where one minor, Katie, had been physically abused by either mother or the minors’ father. On appeal, mother argued that the juvenile court could not base its denial of services on subdivisions (b)(5) and (b)(6) of section 361.5, as it failed to determine that it was appellant who inflicted the injuries on Katie. The appellate court agreed that the denial of services could not be predicated on subdivision (b)(6), because the section applies to the parent who inflicts the injuries. However, subdivision (b)(5) does not require identification of the perpetrator. Services may be denied where either the parent or someone known to the parent physically abused the minor. Further, the record supports the denial of services regarding the minor’s sibling, under subdivision (b)(7). Nor did the juvenile court abuse its discretion by denying appellant’s request for a psychological evaluation. In light of the circumstances and the lack of progress by appellant, as well as the social worker’s testimony that services would not benefit appellant, the record supports the denial of services.