Alameda Cnty. Soc. Servs. Agency v. Christian K. (In re Christian K.)

230 Cal. Rptr. 3d 505, 21 Cal. App. 5th 620
CourtCalifornia Court of Appeal, 5th District
DecidedMarch 21, 2018
DocketA151695
StatusPublished
Cited by4 cases

This text of 230 Cal. Rptr. 3d 505 (Alameda Cnty. Soc. Servs. Agency v. Christian K. (In re Christian K.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alameda Cnty. Soc. Servs. Agency v. Christian K. (In re Christian K.), 230 Cal. Rptr. 3d 505, 21 Cal. App. 5th 620 (Cal. Ct. App. 2018).

Opinion

Humes, P.J.

*622After terminating the parental rights of Julie K. (Mother) and selecting adoption as the permanent plan for her son, appellant Christian K., the juvenile court ordered a case plan calling for Christian to undergo weekly therapy. Because of delays and scheduling issues, Christian attended fewer sessions than were planned. At a post-permanency review hearing, the court approved an extended overseas trip for Christian to visit with his planned adoptive family even though the court agreed that Christian would benefit from additional therapy. We conclude that the court's order approving the trip was proper under Welfare and Institutions Code section 366.3, subdivision (g)1 to protect Christian's stability and to facilitate and expedite his adoption, and we therefore affirm.

*623I.

FACTUAL AND PROCEDURAL BACKGROUND

We described the factual and procedural background of these proceedings in our previous opinion in which we reversed the juvenile court's termination of Mother's parental rights, and we need only summarize that background here. ( In re Christian K. ) (Sept. 7, 2017, A150346, 2017 WL 3911529 [nonpub. opn.] ( Christian K. I ).) In February 2014, respondent Alameda County Social Services Agency (Agency) filed a dependency petition as to then four-year-old Christian alleging that his parents' struggles with drug abuse affected their ability to parent him. Mother made progress in her case plan but failed to *507reunify with Christian, and the juvenile court terminated reunification services and scheduled a selection-and-implementation hearing.

Meanwhile, Christian's paternal grandmother (Grandmother), who lives in Denmark, expressed interest in having Christian placed with her and her husband (Step-Grandfather). Christian visited with Grandmother when she traveled to the United States to see him, and the Agency ultimately recommended that parental rights be terminated so that Grandmother could adopt Christian. In a report filed in advance of the selection-and-implementation hearing, the Agency also recommended a case plan that included weekly therapy for Christian.

Following a hearing in January 2017,2 the juvenile court terminated Mother's parental rights and selected adoption as the permanent plan. Mother appealed in February. ( Christian K. I , supra , No. A150346.)

Also in February, a therapist was assigned to Christian, but Christian's foster mother failed at first to follow up when the therapist called to arrange appointments. Christian ultimately began therapy in March. The Agency reported that it was sometimes difficult to arrange his transportation to therapy because the foster family apparently was either unable or willing to provide it. Christian's therapist reported that it would be important for Christian's emotional well-being to increase his contact with Grandmother during the transition to adoption.

Grandmother came to the United States for a month from mid-March to mid-April, and Step-Grandfather joined her for part of this time. They spent an entire week with Christian during his spring break and took him on a trip to San Diego, and Grandmother continued to visit with Christian on weekends after Step-Grandfather returned to Denmark for work. A social worker *624reported that Christian was "very playful" with Grandmother, and that the grandparents bought Christian a couple of soccer balls and played soccer with him.

During her visit, Grandmother attended therapy sessions with Christian, and Step-Grandfather also attended a session during his shorter visit. Reportedly, there was "mutual hostility" between Grandmother and Christian's foster mother, including disputes over telephone contact between Christian and Grandmother, that required court intervention. Part of the reason for therapy was "to begin to repair the relationship between Christian and [Grandmother]." Social workers transported Christian to therapy sessions in late March and early April, and a worker met with the therapist in May at Christian's school. A mid-April therapy appointment was canceled, however, so that Christian could get a passport, and additional appointments were missed because of an apparent miscommunication about meeting at Christian's school. Christian was told in May about moving to Denmark and was "given time to process the information with his therapist." Christian was reassigned a new therapist around this time.

Christian's visitation with Mother ended in May because of the pending adoption. Christian was upset about this, and his foster mother reported that Christian cried several times about not being able to see Mother and asked why he could no longer see her. The foster mother was concerned about the effect that suspending visits had on Christian's emotional well-being. Christian's court-appointed special advocate (CASA) filed a report stating that Christian still had strong emotional ties *508with Mother, and that she (the CASA) would support returning custody of Christian to Mother, if possible.

Christian told a social worker that he liked living with his foster mother, that he wanted to live with Mother or his foster mother, and that he did not want to move to Denmark. Nonetheless, in June, the Agency recommended that the juvenile court order a 30-day trial visit to Denmark for Christian and stated it might request other extended visits until Christian I was resolved or the court ordered that the placement be completed. The Agency also asked that the juvenile court find that reasonable services had been provided to Christian.

The court held a held a post-permanency review hearing on June 23 under section 366.3 and California Rules of Court, rule 5.740.3 Christian's attorney disagreed with the Agency's assessment that Christian had received reasonable services. Counsel argued that Christian needed additional therapy in order to ensure a smooth transition to moving overseas. Because Christian had *625attended only a few therapy sessions, counsel asked that there be no placement change until Christian received therapy for "not necessary[il]y six months, but a significant period of time. Perhaps eight sessions would do. I don't know-whatever would make that therapist comfortable in opining such, what this move would mean to [Christian], whether it would be to his detriment."

County counsel acknowledged the importance of therapy but attributed Christian's anxiety to being "in limbo for so long," and argued that the placement should proceed as soon as possible.

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Cite This Page — Counsel Stack

Bluebook (online)
230 Cal. Rptr. 3d 505, 21 Cal. App. 5th 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alameda-cnty-soc-servs-agency-v-christian-k-in-re-christian-k-calctapp5d-2018.