Justice Liu separate statement in dependency case questions constitutionality of denying reunification services to jailed parent who cannot make bail
Justice Liu’s separate statement claims the statutory scheme raises equal protection concerns because the “door [to the discretionary denial of reunification services] can be opened solely by dint of a parent’s inability to afford bail, whereas it would stay shut if he or she could post bail.” He cites two 2015 unpublished Court of Appeal opinions rejecting equal protection challenges, but finds “troubling” the distinction between parents who can afford bail and those who can’t.
