A.J. v. Superior Court CA1/5

CourtCalifornia Court of Appeal
DecidedFebruary 14, 2022
DocketA163830
StatusUnpublished

This text of A.J. v. Superior Court CA1/5 (A.J. v. Superior Court CA1/5) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.J. v. Superior Court CA1/5, (Cal. Ct. App. 2022).

Opinion

Filed 2/14/22 A.J. v. Superior Court CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

A.J. et al., Petitioners, v. THE SUPERIOR COURT OF SAN A163830 MATEO COUNTY, (San Mateo County Respondent; Super. Ct. No. 20JD0208) SAN MATEO COUNTY HUMAN SERVICES AGENCY, Real Party in Interest.

Petitioners A.J. (Father) and G.G. (Mother) (collectively, Parents) seek writ review (Cal. Rules of Court, rule 8.452) of a juvenile court order terminating reunification services and setting a hearing under Welfare and Institutions Code section 366.26.1 Parents challenge the juvenile court’s determination that they were provided reasonable reunification services. We deny the petitions.

All undesignated section references are to the Welfare and 1

Institutions Code.

1 FACTUAL AND PROCEDURAL BACKGROUND Petition, Detention, and Jurisdiction/Disposition In April 2020, the San Mateo County Human Services Agency (Agency) filed a section 300 petition for M.G. (Minor), then eight years old. The petition, as sustained, alleged that after Father was arrested on drug charges, Minor was left without a caretaker for three days; Mother could not care for Minor because her whereabouts had been unknown and she had a known substance abuse history; Father regularly leaves Minor at home alone for up to 15 hours per day; and Father failed to participate in a voluntary case plan. Minor was detained and placed in foster care. Mother told the Agency Minor mostly lives with Father but Father brings Minor to see Mother. In May, Mother admitted a history of substance abuse but stated she had been clean for one week and agreed to participate in an alcohol and other drug (AOD) assessment. In June, Mother admitted to currently using drugs and said she was on a waiting list for a detox facility; later that month, Mother told the social worker she wanted to know about a treatment program and the social worker provided her with a referral. In late July, Mother told the social worker she was in jail “for a few days,” and was planning to enter residential treatment but the program required a COVID test before admittance. During this time, the social worker consistently had substantial difficulty reaching Father, leaving him multiple unreturned voicemail and text messages. The few times she did speak to him he said he was willing to participate in services. Following an August 11, 2020 jurisdiction/disposition hearing, the juvenile court sustained the petition, adjudged Minor a dependent of the court, and ordered reunification services. The case plan required Parents both to participate in a mental health assessment and obtain parent

2 education; in addition, Mother was required to enter a residential treatment program and Father was required to participate in random drug testing and an AOD assessment. Parents had regular supervised visits. Six-Month Review Period A new social worker was assigned to the case in early September 2020, approximately one month after disposition. The new social worker remained assigned to the case through the duration of the proceedings and testified at the contested 12-month review hearing. She was a native Spanish speaker and communicated with Mother and Father in Spanish. 2 Mother Mother was in jail on burglary and drug possession charges from early September until early November 2020. The social worker met with Mother twice while she was in jail to review her case plan. The social worker also contacted staff at the jail—a mental health clinician and an in-custody case manager—to ask about connecting Mother with services at the jail. The clinician told the social worker she would connect Mother with mental health services. The in-custody case manager told the social worker that, as Mother’s release date was approaching, he talked to Mother about a three- month residential treatment program but she declined. The case manager also said Mother qualified for “Service Connect” upon her release, and they would assign her a case manager who could assist her with housing, drug treatment, and other needs. The in-custody case manager told Mother to wait for Service Connect staff upon her release, but she did not. Mother contacted the Agency the next day and admitted she used drugs the previous day. Mother told the social

The prior social worker used an interpreter to communicate with 2

Mother and Father.

3 worker she was homeless and unable to connect with Service Connect. The social worker gave Mother the phone number for Service Connect and provided Mother with a $100 Clipper card. The social worker also accompanied Mother to a county-operated “community resource center,” also referred to as a “CORE” agency, where residents are assigned case managers and can “get assistance with whatever you need, like housing, food, shelter, getting into a shelter, motel vouchers,” and other services. The social worker also called the county’s “ACCESS Line” with Mother. The social worker subsequently explained, “The Access Line is like the main point of entry to a residential program. You could call the programs directly, but they are going to refer you to Access. . . . [T]his is the process that the County has in place of calling the Access Line directly, so they can just do like one intake and they can see which programs have a bed available.” When a person calls ACCESS Line, “typically they put you on hold . . . from anywhere between 10 to 30 minutes. Then you get a live person, a clinician. And you tell them what you are calling about, whether typically mental health services or substance abuse services. And if they have a therapist available, they would do the intake right away. If they don’t have someone available, they will get your information and they would tell you that we will call you back within two or three business days, and if you don’t hear from us, call us back at this number.” When the social worker and Mother called ACCESS Line together in November 2020, Mother was able to complete an intake and was informed she would be contacted within two days. The following week, Mother told the social worker she had not heard back from ACCESS Line. The social worker offered to call again with Mother, but Mother said she would call on her own. The social worker also referred Mother to an organization for her to schedule

4 an AOD assessment and random testing. The following week, Mother said her phone had been stolen so she did not know if ACCESS Line had contacted her. The social worker again offered to call ACCESS Line with Mother but Mother declined and said she would do it herself. The social worker reminded Mother to schedule an AOD assessment and arranged for a clinician to contact Mother for a parenting assessment. The social worker offered to walk with Mother again to the community resource center, but Mother declined. In December 2020 and January 2021, the social worker was unable to reach Mother despite multiple attempts. At the end of January, Minor’s foster mother told the social worker that Mother had a new phone number, but Mother did not respond to the social worker’s messages at that number. The parenting assessment clinician was also unable to reach Mother despite multiple attempts. Mother did not schedule an AOD assessment and had not returned phone calls from the AOD assessment organization. Mother missed all of her six random drug tests. Mother had weekly virtual visits while she was in jail, and attended eight out of twelve in-person visits after her release.

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A.J. v. Superior Court CA1/5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aj-v-superior-court-ca15-calctapp-2022.