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Name: In re Lana S.
Case #: D061155
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/22/2012

Mother was properly denied reunification services based upon a failure to treat problems which led to removal of child’s siblings even if prior petition did not allege the same problems. After the minors were removed due to mother’s drug use and presence of paraphernalia in the home, mother was denied reunification services under section 361.5(b)(10) and (11). On appeal, mother challenged the sufficiency of the evidence to support the court’s implied finding that she had not made “a reasonable effort to treat the problems which led to removal” in the prior dependency proceedings. She contended that because the prior proceedings alleged domestic violence and physical abuse, not drug abuse, the denial of services in this proceeding may not be based on the lack of a reasonable effort to treat her drug problem. The appellate court rejected the argument, finding that the language “problems which led to removal” in section 361.5(b)(10) and (11) included drug abuse, even if was not alleged in the petitions. Further, there was substantial evidence that mother did not make a reasonable effort to treat her drug abuse. Her refusal to test and participate in services signified her lack of interest in treatment. Under these circumstances, the court reasonably found the provision of services would be fruitless and not in the children’s best interest.