After declaring a youth a “dependent child of the court” and ordering custody of the child go to the Social Services Agency, the court will offer reunification services and set a six-month review hearing. According to Section 366.21(e) of the Welfare and Institutions Code, which governs the initial sixth month review hearing, “the court must continue to offer reunification services pending a further review hearing unless it finds by clear and convincing evidence that an exception applies.”

Based on the Court’s ruling in S.W. v. Superior Court, one of these exceptions is “a parent’s failure to ‘contact and visit the child’ during the six-month review period. The court makes clear that the parent’s failure “to contact and visit the child” independently serves as a basis for (A) terminating reunification services and (B) for setting a hearing to “select and implement an alternative placement plan” for the child. Additionally, the court in S.W. emphasized that this exception requires the parent to both contact and visit the child in order to receive additional reunification services and a further review hearing. Although the court in this case interpreted one phone call and one voice message to be inadequate contact to qualify for reunification services, the court does note that reunification services may be continued when “extenuating circumstances” excuse a parent’s failure to contact and visit the child.

When custody of your child is at issue, the stakes could not be any higher. That is why you absolutely need the assistance of a qualified counsel to aggressively ensure that your interests are being protected. The Law Offices of Michael S. Carrillo can provide you with effective and affordable representation to defend you in your family law case. Call now for a free consultation to discuss your case. (626) 799-9379 or email Mike@mikecarrillo.com.