In re B.A. CA4/2
CourtCalifornia Court of Appeal
Date FiledOctober 28, 2026
DocketE087633
StatusUnpublished
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Full Opinion
Filed 10/28/26 In re B.A. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
In re B.A., a Person Coming Under the
Juvenile Court Law.
SAN BERNARDINO COUNTY
CHILDREN AND FAMILY SERVICES, E087633
Plaintiff and Respondent, (Super.Ct.No. J306155)
v. OPINION
L.A.,
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. Cara D. Hutson,
Judge. Affirmed.
Lauren K. Johnson, under appointment by the Court of Appeal, for Defendant and
Appellant.
Laura Feingold, County Counsel and Landon Villavaso, Deputy County Counsel,
for Plaintiff and Respondent.
1
L.A. (Mother) appeals from the juvenile court’s dispositional order regarding her
daughter, B.A. The court removed B.A. from Mother’s custody and placed the child with
her father, Roy A. (Father), with family maintenance services. The court did not order
any services or visitation for Mother.
Mother challenges the sufficiency of the evidence supporting the removal order.
She also argues that the court applied the wrong legal standard when it denied her
reunification services under subdivision (b)(6) of Welfare and Institutions Code section
361.5. (Unlabeled statutory references are to this code.) She lastly argues that the record
does not contain substantial evidence to support the court’s finding that visitation with
Mother would be detrimental to B.A. We affirm.
BACKGROUND
I. Detention
In August 2025, San Bernardino County Children and Family Services (CFS)
received a referral alleging that 16-year-old B.A. had been sexually abused by her adult
half-sister’s husband, Fernando H. B.A. disclosed that he had groped her, touched her
genitals, and digitally penetrated her.
B.A. cried throughout her interview with the social worker. The child told the
social worker that Fernando had been “touching and groping her private” several times
per month since she was 13 years old, and he had “been touching and feeling her body”
even before that age. B.A. and her family often visited his home, and Fernando and her
half-sister often came to B.A.’s home. The first instance of digital penetration occurred
at his house in the pool. He grabbed her by the arm and pulled her into the water against
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her will. He penetrated her while she was underwater and would not let her surface until
she poked him in the eye. B.A. thought that Mother knew about the abuse, because
Mother told her “‘not to wear certain clothes’” around Fernando and stated “‘“you know
how he (Fernando) is.”’”
Mother stated that she did not know about the sexual abuse. She said that B.A. did
not see Fernando often and that the child was never alone with him. The social worker
asked whether Mother could see B.A. “at all times” when they were at Fernando’s home,
and Mother refused to answer. Mother could not say how many times per year she and
B.A. visited Fernando’s home.
Father also reported that he did not know about the sexual abuse. He worked
every day of the week and was not home often. But he was starting a new job in the next
month, and the schedule would allow him four days off per week. He intended to spend
more time at home with B.A.
B.A. participated in a forensic interview at the Children’s Assessment Center.
Mother refused to disclose whether B.A. had any developmental delays, speech issues, or
medical issues, even after the social worker explained the interviewer’s need for that
information. Mother had retained counsel and stated that her attorney advised her not to
answer those questions.
During the forensic interview, B.A. reported that Fernando had fondled her
breasts; smacked her buttocks; fondled her genitals both over and under her clothes;
kissed her bare stomach, her side, and her upper thighs; and digitally penetrated her.
Mother had seen Fernando touch B.A.’s buttocks and breasts, but Mother said that “he
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was just playing.” Mother told B.A. to lie to the interviewer. Mother and B.A.’s two
adult half-sisters accused B.A. of “breaking the family apart.”1 Mother was also isolating
B.A. in retaliation for disclosing the sexual abuse. She had taken away B.A.’s phone and
was keeping the child home from school so that B.A. would not report the abuse to
others. B.A. also reported that she had type 1 diabetes, and Mother had recently withheld
B.A.’s insulin by storing it at a half-sister’s home. B.A. said that there was tension in the
home and that she, Mother, and Father were not talking. B.A. was interested in therapy,
but Mother would not allow it.
B.A. also had a medical exam at the Children’s Assessment Center, and she told
the examiner that Mother withheld her insulin in retaliation for disclosing the sexual
abuse. She reported that Mother was her main caretaker, because Father was a nurse who
worked nights and slept during the day. B.A. was shaking, said that she feared going
home, and asked to speak to a therapist.
The social worker obtained a protective custody warrant after the forensic
interview. CFS filed a petition under subdivisions (b)(1), (c), and (d) of section 300,
alleging that (1) Mother knew or should have known that Fernando was sexually abusing
B.A., and she failed to protect B.A. from the abuse; (2) Mother blamed B.A. for the
sexual abuse, called the child names, told her that she was unwanted, and withheld
insulin from B.A., causing B.A. serious emotional damage; and (3) Father knew or
1 The report refers to them as B.A.’s sisters, but the record elsewhere clarifies that
they are her half-sisters.
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should have known that Fernando was sexually abusing B.A., and he failed to protect
B.A. from the abuse.
In October 2025, the court detained B.A. from both parents. The court ordered
weekly supervised visits with the parents for two hours. The court also ordered CFS to
provide the parents with referrals for predisposition services.
II. Jurisdiction and disposition
When the social worker interviewed B.A. for the jurisdiction/disposition report,
the child was calm but appeared detached. B.A. reported that Mother blamed her for the
sexual abuse. When B.A. wore shorts or a spaghetti-strap top for a visit to Fernando’s
home, Mother told her, “‘You know how Fernando is, go change.’” B.A. felt that Mother
“‘knew at a certain point’” about the sexual abuse. B.A. repeatedly told Mother that she
did not want to go to Fernando’s house, but Mother forced her to go anyway. Mother
also witnessed inappropriate contact firsthand. For instance, Mother saw Fernando wrap
his arm around B.A.’s neck and place his hand on her chest. Mother did not intervene or
redirect Fernando. Mother’s lack of response made B.A. “feel like her feelings ‘didn’t
matter.’” Mother also frequently called B.A. names; B.A. asked her to stop, and Mother
replied, “‘I’m your mother, I can do whatever I want.’” B.A. ran away from home
because of the frequent name-calling and “emotional mistreatment.” Mother withheld
B.A.’s insulin once for a few hours and a second time for roughly one and one-half days.
B.A. did not want to have visits with Mother at that time. She felt that she might be
ready to visit Mother after some family therapy.
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B.A. “lit up with a smile” when the social worker asked about her relationship
with Father. She and Father had a good relationship, and she described him as
understanding and a good communicator. She did not disclose the abuse to Father
because she “‘didn’t know how.’” B.A. thought that Father “‘should have seen,’” but she
was not angry with him. She believed that he would have protected her if he had known
about the abuse. B.A. wanted to have visits with Father, so long as the visits did not
include Mother. She wanted to return home to Father but not Mother. Although B.A.
missed Mother, she felt safer and more comfortable with Father.
Father was cooperative, attentive, and engaged with the social worker. He was
emotional and spoke about B.A. in loving and affectionate terms, describing her as his
“‘pride and joy.’” He repeatedly asked about the child’s medical condition and how she
was doing emotionally, and he asked if there was anything he could do to support her in
foster care. His “voice cracked” when he expressed concern for her well-being, and his
voice trembled as he described his close bond with B.A. and his devastation over learning
about the sexual abuse. He never saw Fernando “‘getting close’” to B.A. and never saw
any inappropriate behavior. He would have reported the abuse if he had known about it.
But he thought that he had “‘failed’” the child. He loved B.A., and he wanted to learn to
“‘be better for her,’” provide her with stability, and ensure her safety.
Father was angry with Mother because she was continuing to visit Fernando’s
home and have a relationship with Fernando. Mother said that she was doing so to
protect her grandchildren (i.e., the children of Fernando and B.A.’s half-sister). Father
responded that B.A.’s half-sister should protect her own children and that Mother should
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not have contact with Fernando. He was frustrated that Mother was “‘not choosing their
daughter.’” The parents were still living in the same home but were separated. Father
was searching for a two-bedroom apartment, wanted to move out as soon as possible, and
planned to seek a divorce from Mother. He also planned to seek sole physical custody of
B.A.
Regarding the allegations of withholding insulin, Father said that those stemmed
from B.A.’s attempt to run away. Mother was also a type 1 diabetic and had a five-month
supply of insulin in the home. B.A. had a separate one-month supply. When B.A. ran
away, the child took both her supply and Mother’s supply. Mother told Father that she
removed her five-month supply of insulin from the home so that B.A. could not take it
again. Father said that he had not witnessed Mother calling B.A. names, but he believed
that B.A. was telling the truth about it. Mother was harsh and prone to yelling, and he
often intervened in situations to calm and redirect Mother.
Mother presented as guarded and defensive during her interview with the social
worker, and she “demonstrated limited insight, minimal accountability, and no
observable remorse.” She frequently said that she did not know or did not remember
when responding to questions about her history or B.A.’s circumstances. The social
worker asked if Mother believed that B.A. was telling the truth about the sexual abuse,
and Mother replied, “‘I don’t want to answer that question,’” in a flat and dismissive
tone. She also said that she was “‘practicing [her] right not to talk about’” the “current
allegations.” The social worker asked about Mother’s relationship with Fernando, and
Mother described it as “‘a good one.’” He had been her son-in-law for 22 years.
7
The social worker obtained police reports and records of calls for service
concerning the family. The records showed that in August 2025, Mother contacted law
enforcement when B.A. ran away. Mother reported that B.A. had a history of depression
and self-harm (cutting). CFS received the referral in this case two days later. The next
day, Mother contacted law enforcement again and stated that she had proof that B.A.
fabricated sexual abuse allegations. She claimed to have found text messages between
B.A. and B.A.’s boyfriend in which they planned to “‘make up the story.’” Officers
attempted to contact Mother on three occasions after that, and they received no response.
Mother “did not express interest in supervised visits” with B.A. She reviewed the
supervised visitation guidelines but did not give the social worker a signed consent form,
saying that she would return the form “after her personal review.” Mother also did not
sign the consent forms necessary for referrals to services, so she did not receive referrals.
Father signed and returned all the consent forms necessary for visits and referrals to
services.
In late October 2025, the court authorized unsupervised visits with Father. The
court also found that visits with Mother would be detrimental to B.A. and ordered no
visitation with Mother. By the following month, Father had secured a two-bedroom
apartment and was no longer living with Mother. He had two eight-hour, unsupervised
visits with B.A., and the visits went well. The court then authorized overnight and
weekend visits with Father. By December 2025, Father had completed three individual
counseling sessions and three family therapy sessions, and he had two overnight visits
with B.A.
8
The contested jurisdiction and disposition hearings took place in January 2026.
B.A. and Mother testified. B.A. testified that Fernando touched her inappropriately on
her breasts, thigh, buttocks, and “lady parts.” The abuse started when she was 13 or 14
years old, and it occurred almost every time she was around him, which was three to four
days per week. B.A. believed that Mother “knew that he had that way of thinking.”
Mother instructed B.A. to change her revealing clothing when they were going to see
Fernando, saying, “‘you know how he is.’” And when Mother saw B.A. become
uncomfortable because Fernando touched her inappropriately, Mother told her, “‘he’s just
playing and if you don’t like it get away.’” B.A. described the incident in the pool when
Fernando digitally penetrated her. After she escaped him, she jumped out of the pool and
ran inside crying. She was upset for the rest of the night and refused to go outside.
Mother saw B.A. crying and knew that B.A. was upset, but she did not question the child.
B.A. did not disclose the abuse until recently because she feared that she would not be
believed or helped. When Mother learned about B.A.’s disclosures, she accused B.A. of
lying and asked why she would lie about such events. That made B.A. feel unsupported
and as though she could not rely on Mother.
Mother often called B.A. “a whore and a bitch.” Mother also told B.A. that she
would not get very far in life and that no one wanted to be around a person like her. B.A.
loved Mother even though she did not treat B.A. “the best.” B.A. would consider visits
with Mother in the future.
Mother testified that she had a good relationship with Fernando. She estimated
that the family saw Fernando roughly three times during the summer and also on special
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occasions, such as birthdays, anniversaries, or holidays. When deputy county counsel
asked whether Fernando posed a risk to B.A., Mother paused for roughly five seconds
and replied, “Um, according to her allegations, yes.” She then said that she believed
B.A.’s allegations were true, but she did not believe that Fernando posed a risk to his own
children. Since B.A.’s detention, Mother had gone to Fernando’s home every week to
see her grandchildren, but she did not go inside the home, and she did not see Fernando.
She did not tell Father that she visited Fernando’s home to protect her grandchildren.
Mother said that she found social media messages between B.A. and her boyfriend
in which they planned “to make up this story.” B.A. sent a message stating: “‘I am
going to say everything that your mom and dad advised me to say.’” Mother could not
recall what the other messages said. She did not provide proof of the messages to law
enforcement because she did not think that the officers would believe her.
Mother talked to B.A. about her clothing because she wanted B.A. to dress
appropriately for her age. She did not want people to make rude comments about B.A.’s
clothing that might hurt or embarrass B.A. She thought that B.A. might have
misunderstood where Mother was “coming from.” She did not tell B.A. to dress
differently around Fernando, and she never said, “‘you know how he is.’” Mother did not
see Fernando touch B.A.’s breasts or buttocks, and she did not tell B.A. that he was “just
playing with her.” She had never seen him act inappropriately with B.A., and she was
not aware of the abuse. If she had seen anything inappropriate, then she would have
removed B.A. from the situation and called the police. Mother also denied calling B.A.
any names and withholding her insulin.
10
With respect to jurisdiction, the court dismissed the allegation under section 300,
subdivision (d), that Father knew or should have known of the sexual abuse and failed to
protect B.A. The court found true all of the remaining allegations in the petition. The
court observed that it found B.A. to be “100 percent credible” and explained: “[T]his
young lady testified with intelligence, integrity, and nonhesitance, a very soft spoken
young lady but sure-minded. And the allegations that she suffered—and the record will
not reflect this, but there were several times when [B.A.] turned red and got emotional.
Yet, every time somebody says ‘do you need a moment,’ she says ‘no’ and that indicates
to the Court that she has tremendous strength, in addition to all the other attributes the
Court just gave her. The Court completely believes her.... The Court whole-heartedly
believes these things happened to [B.A.], whole-heartedly believes Mother had an
indication what was happening to [B.A.] and [B.A.] was in the unenviable position of
living with someone who blamed her, the victim, for what was happening to her when a
full-grown adult, who should have known better, perpetrated these atrocities [against] this
young lady.”
With respect to disposition, Mother urged the court to order reunification services
for her and argued that CFS had not shown that services should be bypassed under
section 361.5, subdivision (b)(6) (child has been adjudicated a dependent as a result of
severe sexual abuse or severe physical harm). In addition, Mother argued that if the court
placed B.A. with Father with family maintenance services, then the court should order
discretionary services for Mother. Counsel for B.A. urged the court to remove the child
from both parents’ custody, order reunification services for Father, and bypass
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reunification services for Mother under subdivision (b)(6) of section 361.5. CFS
recommended that the court place B.A. with Father with family maintenance services and
deny Mother discretionary services.
The court declared B.A. a dependent, removed her from Mother’s custody, and
placed her in Father’s custody with family maintenance services. The court found that
there was a substantial danger to B.A.’s health, safety, protection, or physical or
emotional well-being in Mother’s home and that there were no reasonable means to
protect B.A. short of removal.
The court did “not extend reunification services” to Mother, and the court did “not
order discretionary services to Mother.” The court observed that the bypass provision
was inapplicable because B.A. was being placed with Father. CFS’s recommended
findings and orders included findings necessary to bypass reunification services for
Mother under subdivision (b)(6) of section 361.5, but the court struck those findings
before adopting other recommended findings.
The court nevertheless explained: “[T]he Court will make its record because the
Court wants all parties to be aware that the Court is aware of the seriousness of this case,
that the Court does find there was severe sexual abuse inflicted upon [B.A.]; the touching
of the buttocks, the touching of the chest, the kissing of the thighs probably wouldn’t fall
under the definition of severe sexual abuse, although it is clearly sexual abuse, but clearly
[B.A.’s] testimony that the digital penetration of her vagina by Fernando at the bottom of
the swimming pool, skin-to-skin, most definitely qualifies as severe sexual abuse.” The
court further found that Mother had “implicit knowledge” of the abuse. The court
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concluded: “[T]here is no likelihood this child will be safely returned within the period
specified, even under discretionary services and those will be denied.”
As to visitation, the court found that visitation with Mother would be detrimental
to B.A., and it did not order any visitation. The court noted that it observed B.A.’s
demeanor, and the child appeared to be “damaged” and “very fragile.” The court noted
that B.A. had “substantial trust issues with respect to” Mother, and the child needed to
“re-evaluate the belief in her own truth which ha[d] been compromised.” The court
concluded that “right now is too soon” for visitation with Mother.
DISCUSSION
I. Removal order
Mother argues that the record does not contain substantial evidence to support the
order removing B.A. from Mother’s custody. We disagree.
The juvenile court removed B.A. under subdivision (c)(1) of section 361, which
requires the court to find by clear and convincing evidence that (1) there “would be a
substantial danger to the physical health, safety, protection, or physical or emotional
well-being” of the child in the parent’s home, and (2) “there are no reasonable means by
which the [child’s] physical health can be protected without” removal.2 (§ 361, subd.
(c)(1).)
2 We note that subdivision (c)(4) of section 361, which applies if the child has been
“sexually abused” by a “person known to their parent,” arguably provides an alternative
basis for removal in this case. But the juvenile court expressly relied on only subdivision
(c)(1) of section 361.
13
We review the findings underlying the court’s removal order for substantial
evidence (In re R.T. (2017) 3 Cal.5th 622, 633), taking into account the level of
confidence that the clear and convincing evidence standard demands (Conservatorship of
O.B. (2020) 9 Cal.5th 989, 995). The question before us “is whether the record as a
whole contains substantial evidence from which a reasonable fact finder could have
found it highly probable that the fact was true.” (Id. at pp. 995-996.) We “view the
record in the light most favorable to the prevailing party below and give due deference to
how the trier of fact may have evaluated the credibility of witnesses, resolved conflicts in
the evidence, and drawn reasonable inferences from the evidence.” (Id. at p. 996.)
Substantial evidence supports the court’s finding that there was a substantial
danger to B.A. in Mother’s home. The evidence showed that Fernando had been sexually
abusing B.A. for years. He fondled B.A.’s breasts, buttocks, and genitals; kissed her bare
stomach, her side, and her upper thighs; and digitally penetrated her. Mother had seen
Fernando touch B.A.’s buttocks and breasts, and she did nothing to intervene. She
instead said that Fernando “was just playing.” Mother also told B.A. to change her
revealing clothing when they were going to see Fernando, saying, “‘you know how he
is.’” And on one occasion when Fernando digitally penetrated B.A., Mother saw that
B.A. was upset and crying, but she did not question the child. The court could reasonably
infer from the foregoing evidence that Mother knew or should have known that Fernando
was sexually abusing B.A.
Moreover, the evidence showed that Mother did not protect B.A. from Fernando
and blamed B.A. when the child disclosed the abuse. Mother displayed limited insight
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and no observable remorse when the social worker interviewed her. She said that she had
a “‘good’” relationship with Fernando. She let Fernando have frequent contact with B.A.
during the period of abuse, and when the social worker asked if she could always see
B.A. when the child was around Fernando, Mother refused to answer. She also refused to
answer when the social worker asked if she believed B.A., and she did not want to talk
about the allegations. She accused B.A. of lying, and she and B.A.’s half-sisters accused
B.A. of “breaking the family apart.” Mother also called law enforcement and claimed to
have messages showing that B.A. fabricated the allegations against Fernando, but she
never shared that proof with officers. During Mother’s testimony, she described only one
message, which did not show that B.A. was lying. B.A. merely told her boyfriend, “‘I am
going to say everything that your mom and dad advised me to say.’” One reasonable
interpretation of that statement is that B.A. had told her boyfriend’s parents about the
abuse, and they had advised her to report it.
On this record, the court could reasonably conclude that Mother knew or should
have known that the sexual abuse was occurring, she failed to protect B.A. from the
abuse, she blamed the child, and she thus would continue to be insufficiently protective,
all of which posed a substantial danger to B.A.’s physical or emotional well-being.
Mother also challenges the finding that there were no reasonable means to protect
B.A. short of removal, but substantial evidence also supports that conclusion. For B.A. to
remain safely in Mother’s custody, Mother would need to cooperate with CFS and
meaningfully engage in services. But the court could reasonably infer that Mother would
not do so. B.A. appeared to have “substantial trust issues” with Mother. The child felt
15
that Mother was retaliating against her, and she did not feel supported by Mother, given
Mother’s response to B.A.’s disclosures and Mother’s failure to protect the child during
the period of abuse. Mother had the opportunity to engage in predisposition services to
start addressing those issues, but Mother did not return the forms necessary to get
referrals. She also was guarded and defensive with the social worker, refused to answer
pertinent questions about the allegations in the petition, and refused to provide pertinent
information about whether B.A. had medical issues and developmental delays. Mother’s
behavior stands in stark contrast to Father’s actions. He was cooperative and engaged
with the social worker, demonstrated obvious remorse for having failed to protect B.A.,
and completed several individual counseling and family therapy sessions by the time of
the disposition hearing. Mother contends that the record contains no discussion of less
restrictive alternatives to removal, such as protective orders, restrictions on contact with
Fernando, or in-home services and supervision. But the court was not required to
expressly identify all the means short of removal that it considered and rejected.
Regardless, the court could reasonably conclude that Mother’s proposed alternatives
would not sufficiently protect B.A., given the evidence that Mother knew or should have
known of the abuse, failed to protect B.A., blamed the child for disclosing the abuse,
continued to have contact with Fernando, failed to cooperate with CFS, and failed to
engage in predisposition services. The record amply supports the conclusion that there
were no reasonable means to protect B.A. short of removing her from Mother’s custody.
For all of these reasons, we conclude that substantial evidence supports the
removal order.
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II. Denial of services
Mother argues that the court applied the wrong legal standard to bypass
reunification services under subdivision (b)(6) of section 361.5, namely, that Mother had
“implicit knowledge” of the abuse. Mother contends that implicit knowledge is not a
“legally recognized standard” under the statutory provision. She also contends that the
record does not contain substantial evidence to support the order denying her
reunification services under the correct standard. The argument lacks merit.
Subdivision (b)(6) of section 361.5 authorizes the court to deny reunification
services if “the child has been adjudicated a dependent pursuant to any subdivision of
Section 300 as a result of severe sexual abuse ... , and the court makes a factual finding
that it would not benefit the child to pursue reunification services with the offending
parent or guardian.” (§ 361.5, subd. (b)(6)(A).) However, under section 16507,
“[f]amily reunification services shall only be provided when a child has been placed in
out-of-home care, or is in the care of a previously noncustodial parent under the
supervision of the juvenile court.” (§ 16507, subd. (b).) Accordingly, if the court’s
dispositional order places the child with one of two previously custodial parents, the other
parent is not entitled to reunification services. (In re C.S. (2022) 80 Cal.App.5th 631,
636.) Rather, the parent from whom the child is removed is eligible for enhancement
services, or child welfare services “‘designed to enhance the child’s relationship with that
parent.’” (Ibid.) “An order for enhancement services is subject to the court’s discretion.”
(Id. at p. 637.)
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The court denied Mother reunification services in this case because she was not
entitled to reunification services under section 16507. That was correct. The court
placed B.A. with Father, a previously custodial parent. The court expressly observed that
its placement decision made the bypass provision inapplicable, and it struck the section
361.5, subdivision (b)(6), findings from CFS’s list of recommended findings. Mother’s
argument is based on the false premise that the court denied her reunification services
under section 361.5, subdivision (b)(6), so the argument fails.
In her reply brief, Mother acknowledges that the bypass provision was
inapplicable, but she asserts that its inapplicability only “highlights” why the court erred
by analyzing the case under that statutory framework. To the extent that the court
proceeded to comment on the severe sexual abuse suffered by B.A., the court did so to
demonstrate that it was “aware of the seriousness of this case.” Mother does not
persuasively explain why those comments amounted to error, given that the court
correctly denied her reunification services under section 16507, subdivision (b).
Moreover, even if the court did apply the standards of the bypass provision, Mother fails
to show any prejudice, which is her burden on appeal. (In re B.S. (2021) 65 Cal.App.5th
888, 893.) There is no reasonable probability that Mother would have achieved a better
result, because the court would have denied her services anyway under section 16507.
And she does not argue that the court abused its discretion by denying her enhancement
services.
In sum, Mother fails to show that the court erred by denying her services.
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III. No-visitation order
Mother argues that section 362.1 governs visitation in this case. She contends that
the statute requires a detriment finding to deny visitation, but the record does not contain
substantial evidence that visitation would be detrimental to B.A. We disagree that the
court was required to make a detriment finding to deny visitation.
Section 362.1 states that the court “shall provide” for visitation “consistent with
the well-being of the child” if the court makes “any order placing a child in foster care”
and orders reunification services. (§ 362.1, subd. (a)(1)(A).) Accordingly, “[i]f visitation
is inconsistent with the well-being of the child, or would be detrimental to the child, the
juvenile court has the discretion to deny such contact.” (In re F.P. (2021) 61 Cal.App.5th
966, 973.)
But section 362.1 does not apply in this case, because the court did not place B.A.
in foster care and did not order reunification services. Mother relies on case law in which
those circumstances were present. (In re Luke L. (1996) 44 Cal.App.4th 670, 674, 676;
In re David D. (1994) 28 Cal.App.4th 941, 944.) She does not cite any authority for the
proposition that a detriment finding is required to deny visitation when the court places
the child with a previously custodial parent and does not order reunification services.
Nor are we aware of any such authority. Rather, under circumstances analogous to those
here, the court has discretion to permit or deny visitation without any finding of
detriment. (§ 361.2, subd. (a), (b)(1) [if the court places the child with a previously
noncustodial parent, then it may order sole legal and physical custody to that parent and
“may also provide [for] reasonable visitation” by the other parent].) And although the
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court made an unnecessary detriment finding in this case, we review the juvenile court’s
ruling, not its reasoning. (In re Daniel B. (2014) 231 Cal.App.4th 663, 675, fn. 4.)
Mother does not argue that the court’s ruling denying visitation was an abuse of
discretion.
For these reasons, Mother fails to show that the court erred by denying her
visitation.
DISPOSITION
The dispositional order is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MENETREZ
J.
We concur:
RAPHAEL
Acting P. J.
LEE
J.
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