California Welfare and Institutions Code Section 361.5 Case
In In re Joshua M. (1998), 66 Cal. App. 4th 458 the juvenile court denied services to the father under section 361.5, subdivision (b)(10) and (12), but ordered services for the mother.
The father contended section 361.5, subdivision (b) violated constitutional guarantees of due process and equal protection because it discriminated against indigent parents.
This court upheld the denial of services concluding subdivision (b) of section 361.5 comported with both procedural and substantive due process and did not violate equal protection principles. (66 Cal. App. 4th at pp. 473, 476.)
In the discussion, court noted that the father would have an opportunity to address his drug problems so long as the mother was receiving services and that even without reunification services the father could potentially reestablish contact and visitation and open other avenues to reunification. (Id. at p. 476 and fn. 8.)