Juvenile Dependency Petition - Parents Resisting Treatment

The juvenile court may deny reunification services to a parent if it finds a history of extensive, abusive and chronic drug or alcohol use and finds the parent has "resisted prior treatment" during a three-year period immediately prior to the filing of the dependency petition, or the parent has failed or refused to comply with a drug or alcohol treatment program "described in the case plan required by Section 358.1" on at least two prior occasions. ( 361.5, subd. (b)(12).) In Randi R. v. Superior Court (1998) 64 Cal. App. 4th 67 [74 Cal. Rptr. 2d 770], court rejected a narrow definition of "resist" that would have limited it to opposing treatment by direct action or force, and held services were properly denied to a mother who completed several rehabilitation programs but returned to substance abuse. (Id. at p. 73.) The issue of resistance to prior treatment next arose in Laura B. v. Superior Court (1998) 68 Cal. App. 4th 776 [80 Cal. Rptr. 2d 472]. Laura had completed two 30-day residential rehabilitation programs, and a longer program when she reunified with her son, but she later dropped out of several other programs and began using drugs. After she gave birth to another child who tested positive for drugs, the juvenile court declined to offer reunification services based on her history of failed rehabilitation. Laura challenged the order on the ground that Orange County Social Services Agency failed to establish that she was offered rehabilitation during the three years prior to the filing of the petition.