Fear Not Law CA Unpub Decisions

In re Ra.A. CA4/2

Filed 11/4/26 In re Ra.A. CA4/2
CA Unpub Decisions

Filed 11/4/26 In re Ra.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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 Ra.A. et al., Persons Coming Under
the Juvenile Court Law.
E088035
RIVERSIDE COUNTY DEPARTMENT
OF PUBLIC SOCIAL SERVICES, (Super.Ct.No. DPRI2600052)

Plaintiff and Appellant, OPINION

v.

R.A.,

Defendant and Respondent.

APPEAL from the Superior Court of Riverside County. Malvina Ovanezova,

Judge. Reversed and remanded with directions.

Minh C. Tran, County Counsel, Jamila T. Purnell, Assistant County Counsel and

Catherine E Rupp, Deputy County Counsel for Plaintiff and Appellant.

Patricia K. Saucier, under appointment by the Court of Appeal, for Defendant and

Respondent.

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INTRODUCTION

Riverside County Department of Public Social Services (DPSS) challenges the

juvenile court’s order providing R.A. (father) with reunification services. DPSS seeks to

correct the court’s disposition order to reflect that father should receive enhancement

services instead, since his children, Ra.A. and A.A. (the children), remain in the care of

their mother, E.E. (mother). We reverse the disposition order as to father and remand for

a new disposition hearing.

PROCEDURAL BACKGROUND

On February 10, 2026, DPSS filed a section 300 petition on behalf the children.

Ra.A. was six years old at the time, and A.A. was one month old. The petition alleged

they came under Welfare and Institutions Code1 section 300, subdivisions (b) (failure to

protect) and (g) (no provisions for support). Specifically, the petition alleged that, on

February 4, 2026, mother and father (the parents) had a domestic violence incident in the

presence of the children, where mother sustained injuries. Additionally, the parents had

an unreported history of domestic violence, father had a criminal history which included

active charges for inflicting corporal injury on a spouse, willful child cruelty, and

attempting to dissuade a witness/victim, and he was currently incarcerated.

The social worker filed a detention report and stated that DPSS received a referral

alleging emotional abuse on February 4, 2026. The police responded to the family home,

where the parents were arguing; father punched mother in the stomach and leg and

1 All further statutory references will be to the Welfare and Institutions Code
unless otherwise indicated.

2
grabbed her by the face. The children were present and saw father hitting mother. An

unknown person called the police, and the parents fled with A.A. and left Ra.A. at the

house. The police located them and arrested father.

The social worker interviewed father, who said the children were his biological

children, and that he, mother, and the children lived with the paternal great-grandparents.

Father denied any criminal history or domestic violence with mother. The social worker

also interviewed mother, who said there had been domestic violence and emotional abuse

with father during the eight years of their relationship. As to the current incident, she

said father went through her social media, noticed that a male liked one of her posts,

started questioning her about him, and then hit her all over her legs, arms, and face.

Mother also disclosed that father constantly threatened to kill her and the maternal family

if she attempted to leave him. She indicated that she ended the relationship with father

and said she and the children would not be returning home. Mother said she had been

granted an emergency protective order and planned to file for a permanent restraining

order, and for sole legal and physical custody of the children.

The court held a detention hearing on February 11, 2026. DPSS recommended the

court detain the children from father but allow them to remain with mother. The court

followed the recommendation and ordered the children detained from father only. The

court granted a temporary restraining order that day.

Jurisdiction/Disposition

On February 27, 2026, the social worker filed a jurisdiction/disposition report,

recommending that the court sustain the petition, declare the children dependents, remove

3
them from father’s custody but order that they remain in mother’s custody, and order

family maintenance services for mother and family reunification services for father. The

social worker reported that, on February 11, 2026, the court found father to be the

children’s presumed father. He remained incarcerated and had a criminal court hearing

scheduled for March 19, 2026.

The social worker further reported that mother and the children had relocated, and

mother was willing to enforce the restraining order to keep her and the children safe. She

desired to be provided with family maintenance services, and the social worker opined

there were no safety concerns to warrant the children being removed from her care.

The court held a jurisdiction/disposition hearing on March 4, 2026, and county

counsel submitted on the petition, detention report, and jurisdiction/disposition report, but

also noted there were amended recommendations submitted that morning.2 County

counsel asked the court to sustain the petition and offer mother family maintenance

services. As a result, father was not entitled to reunification services, pursuant to section

16507, subdivision (b); however, DPSS would submit to him receiving “nonstatutory

services.” Mother objected to the allegations against her but submitted on the

recommendation for family maintenance services and asked the court to grant a

permanent restraining order against father. Father also objected to the allegations and

2 The record on appeal contains no amended recommendations. We note that
father’s appellate counsel requested to augment the record with the amended
recommendations allegedly submitted to the court on March 4, 2026. However, the clerk
of the court confirmed that “amended recommendations were mentioned, however they
were not filed” with the court.

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asked the court to provide him “with family reunification per the report or …

nonstatutory services.”

The court noted father had a criminal protective order that he needed to comply

with, and it granted the permanent restraining order, to expire in March 2028, but said it

would permit visitation for father when his criminal protective order was modified to

allow it. The court then found true the allegations under section 300, subdivision (b), but

struck the allegation under section (g) since father was no longer in custody. The court

ordered physical custody of the children to be retained by mother and ordered that she be

provided with family maintenance services. It ordered the children to be removed from

father’s custody, pursuant to section 361, subdivision (c), and stated it believed it was

appropriate to grant him reunification services “to provide him with the tools that he

needs to have contact with his kids.” The court adopted the remaining recommendations.

County counsel objected to the court’s order for reunification services, reiterating that

father was not entitled to them.

DISCUSSION

The Court Improperly Ordered Reunification Services for Father

DPSS argues the court did not have the statutory authority to order reunification

services for father since the children were ordered to remain in mother’s custody. DPSS

contends the court should have offered him enhancement services instead. Father states

that the court adopted the recommended findings contained in DPSS’s report and ordered

reunification services, and he simply asks this court to affirm the disposition order. We

5
agree with DPSS and therefore reverse the order for reunification services and remand

with directions for the court to conduct a new disposition hearing as to father.

Section 16501, subdivision (h) provides: ““As used in this chapter, family

reunification services are activities designed to provide time-limited foster care services

to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain

at home, and needs temporary foster care, while services are provided to reunite the

family.”” (Italics added; In re A.L. (2010) 188 Cal.App.4th 138, 145 (A.L.).)

Section 16507, subdivision (b) provides that “[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.” (Italics

added.)

As these statutes make clear, “when a child … is not removed from [his/her]

custodial parent(s) in the context of the dependency proceeding, no ‘reunification’

services are called for. Instead, as stated in section 362, the court in that situation is

vested with discretion to make ‘any and all reasonable orders to the parents or guardians

of the child who is the subject of any proceedings under this chapter as the court deems

necessary and proper to carry out the provisions of this section.’” (A.L., supra, 188

Cal.App.4th at p. 145.)

Here, because the children remained with mother, a custodial parent, father was

not entitled to reunification services. (§ 16507, subd. (b); In re Destiny D. (2017) 15

Cal.App.5th 197, 212 (Destiny D.) [when child remains placed with one of two custodial

parents, parent not retaining custody is not entitled to reunification services]; A.L., supra,

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188 Cal.App.4th at p. 145 [no reunification services are called for when a child is not

removed from her custodial parent]; see also In re C.S. (2022) 80 Cal.App.5th 631, 636

(C.S.).) In other words, “[b]ecause parental custody of [the children] was not disrupted

by the dispositional order, and [they were] not placed in foster care, there is no current

need to ‘reunify’ this family. Instead, the goal of this dependency proceeding is simply

to ‘eliminate[e] the conditions or factors requiring court supervision.’” (A.L., supra, 188

Cal.App.4th at p. 140; § 364, subd. (b).) Thus, the court erred in ordering reunification

services for father.

DPSS requests that we remand the matter to conduct a new disposition hearing

and instruct the juvenile court to offer father “the services to which he is

entitled — namely enhancement services.” Enhancement services are “child welfare

services offered to the parent not retaining custody, designed to enhance the child’s

relationship with that parent.” (Earl L. v. Superior Court (2011) 199 Cal.App.4th 1490,

1497, fn. 1.) We note that father is not actually entitled to enhancement services, since

“[a]n order for enhancement services is subject to the court’s discretion.” (C.S., supra,

80 Cal.App.5th at p. 637, see § 362, subd. (a); Destiny D., supra, 15 Cal.App.5th at pp.

212-213.) Therefore, we will reverse the court’s disposition order as to father and

remand the matter for the court to exercise its discretion on whether or not to offer him

enhancement services.

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DISPOSITION

The disposition order as to father is reversed, and the matter is remanded with

directions to conduct a new disposition hearing and exercise its discretion on whether or

not to offer him enhancement services. In all other respects, the judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

FIELDS
J.

We concur:

RAMIREZ
P. J.
MENETREZ
J.

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