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Name: Jose O. v. Superior Court
Case #: D053669
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/23/2008
Summary

Father who killed mother was properly denied reunification services. The minor was removed from the father when the father stabbed the mother to death in front of the minor. The father was denied reunification services under section 361.5, subdivision (b)(6), and a section 366.26 hearing was set. In his writ petition, the father argued that he was wrongly denied services because section 361.5, subdivision (b)(6) requires that the parent inflict severe physical harm on the child or commit an act which would cause serious emotional damage. The appellate court rejected the argument, finding that knifing to death the child’s other parent in the child’s presence qualifies as an act which would cause serious emotional damage, and thus services were properly denied.