M.S. v. Super. Ct.
A.S. was removed from her mother’s custody based primarily on mother’s substance abuse and domestic violence issues. A.S. was placed in foster care, and both parents were provided with services. Only her father, M.S. (Father), substantially completed his reunification plan. He also successfully reunified, in separate proceedings, with A.S.’s half brother. The court nevertheless terminated services to Father on the basis that A.S. had a “frail emotional condition†and thus could not be safely returned to Father within the 18-month time limit. Father filed this petition seeking a writ compelling the court to vacate its order, claiming the Sonoma County Human Services Department (Department) did not provide adequate services and no substantial evidence supported the trial court’s finding of substantial risk of detriment to A.S.’s emotional well-being. We agree that the Department did not meet its burden of proving substantial risk of detriment if A.S. is returned to Father, and that there is no substantial evidence adequate services were provided to Father. We grant the petition.
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