What is the test for denying services under section 361.5(b)(2) of the California Mental Health Act?

California, United States of America


The following excerpt is from SHASTA COUNTY DEPARTMENT OF SOCIAL SERVICES v. G.R., 08JVSQ2643802, 08JVSQ2684802, C062237, No.08JVSQ2643702 (Cal. App. 2010):

The test for denying services under section 361.5(b)(2), as we have said, is whether a parent's mental disability "renders him or her incapable of utilizing those services." The phrase "that would render her incapable of caring for her children" does not mean the same thing, and mother cites no authority holding that the statutory language may be so construed. For want of authority, we do not consider this proposition. (Kim v. Sumitomo Bank (1993) 17 Cal.App.4th 974, 979.)

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