Wednesday, April 01, 2009

Parents Cannot Be Jailed Over Reunification Plan Violations—S.C.

Parents Cannot Be Jailed Over Reunification Plan Violations—S.C.

Juvenile courts may order a parent to participate in substance abuse treatment as part of a reunification case plan, but cannot use contempt sanctions to incarcerate a parent who fails to satisfy the condition, the California Supreme Court ruled yesterday.

Reasoning that state law provides for such parents to be penalized through loss of custody and parental rights, the justices voted 6-1 to strike down a San Diego Superior Court rule authorizing fines or jail time for parents who fail to comply with a reunification case plan.

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