Alameda Cnty. Soc. Servs. Agency v. I.T. (In re E.T.)

242 Cal. Rptr. 3d 391, 31 Cal. App. 5th 68
CourtCalifornia Court of Appeal, 5th District
DecidedDecember 12, 2018
DocketA153896
StatusPublished
Cited by46 cases

This text of 242 Cal. Rptr. 3d 391 (Alameda Cnty. Soc. Servs. Agency v. I.T. (In re E.T.)) 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. I.T. (In re E.T.), 242 Cal. Rptr. 3d 391, 31 Cal. App. 5th 68 (Cal. Ct. App. 2018).

Opinion

Siggins, P.J.

*70Mother, I.T., challenges the juvenile court's denial of her petition that asserted changed circumstances and sought modification *393of a court order setting a hearing to terminate her parental rights. She also appeals the court's decision to terminate her parental rights with a finding her children are adoptable. This is the rare case where the juvenile court erred in failing to recognize that Mother's relationship with her children outweighed the benefit to the children that would accrue from termination of parental rights and a plan of adoption. Accordingly, we conclude the order terminating Mother's parental rights must be reversed and the case must be remanded for the juvenile court to consider an appropriate long-term plan. *71BACKGROUND

Fraternal twins P.T. and E.T., a boy and a girl, were first removed from Mother's care by the Alameda County Social Services Agency (Agency) in April 2014 when they were four months old. Mother has a history of mental health issues and drug addiction, and the children were removed when her daughter, E.T., was found unresponsive and not breathing on her living room couch. After more than a year of reunification services, the children were returned to Mother in October 2015 with family maintenance services.

In February 2017, Mother told her social worker during a home visit that she had relapsed into drug use and needed help. The two came up with a safety plan whereby Mother would temporarily place the children with their godparents who had previously served as the foster parents in this dependency. The godparents picked the children up from Mother in March 2017.

Once the children were with the godparents, Mother met with her social worker and service providers in a team decision making meeting. It was agreed that the children would remain with the godparents while Mother got treatment for her addiction. A second team decision making meeting was held a short time later, and Mother was not doing well. She was still using drugs and bickered with one of the children's godparents over her commitment and ability to become sober. Following that meeting, the Agency filed a supplemental petition.

The petition was filed on April 18, 2017, and the children were ordered detained on April 19. A jurisdiction and disposition hearing was held August 9, 2017. The juvenile court bypassed reunification services to Mother because she was previously provided services and reunification was unsuccessful. The court ordered a hearing to terminate Mother's parental rights with a permanent plan of adoption. The Agency was also ordered to arrange visitation for Mother with the children as frequently as possible consistent with their well-being, beginning with one hour per week.

In November 2017, Mother moved to modify the order setting the termination hearing and denying her services. She sought to be reunited with her children or alternatively to be provided services while working toward reunification. The court ordered the motion for modification to be heard at the same time as the termination hearing.

The hearing began on January 25, 2018. Mother's first witness was the women's program coordinator of Options Recovery Services where Mother was enrolled in an intensive outpatient program. The coordinator had known Mother since 2014 when she began aftercare and drug testing. From *722014 to 2017, Mother had 104 drug tests. Only three of them were positive for drugs. Mother fell out of compliance with the program in March and April 2017, and her last positive tests before the termination hearing began were in June 2017 for alcohol and marijuana. Mother attended *394substance abuse classes and she completed parenting classes in November 2017. She began attending a 12-week anger management class in December 2017. Mother needs intensive treatment to support her recovery and was attending outpatient treatment for three hours a day, five days each week. She regularly attended her program and absence or tardiness were not problems. Mother was in the beginning stage of her recovery and Options was intending to offer Mother long-term support services.

Mother next called the licensed clinical social worker assigned to her case through the early intervention services program at Children's Hospital. He had known and worked with Mother and the twins for more than two years each Friday for three hours when they were in the process of re-unifying until October or November 2016. In early 2017 he again began working with the family because they had moved back to Alameda from Sacramento and were facing some challenges. After the children were removed from Mother in April 2017, in May the social worker began supervising Mother's weekly visits.

At the beginning, while the kids were eager to see their mom, they were hesitant in some of their interactions with her during the visits. At times when Mother would have a disagreement with one of the kids over a toy or game, it was difficult for her to de-escalate her engagement with the child without help from the social worker. Some point of disagreement or conflict between Mother and the children arose in approximately 75 percent of their visits. But over time, Mother became more reflective and better able to handle such situations. There was never a time when the children were in physical danger because of the way Mother reacted to her differences with them. When they were separated from Mother in March 2017, and shortly thereafter, the kids demonstrated anxiety, uncertainty and fear. Although these feelings improved over time, the uncertainty regarding their permanent living relationship was a persistent source of their anxiety.

Over time the quality of visits improved. The children were easy to engage in activities with Mother and at times expressed a wish to visit longer with her or visit her home in Alameda. The children love Mother. She provides them comfort and affection, and she addresses their fears and anxiety. Permanency in the children's placement will also relieve their anxiety. And both Mother and the foster parents provide consistency in the children's lives.

The child welfare worker assigned to Mother's case since December 2016 also testified. He first met the children when they were living with Mother in *73Sacramento. At the time he did not have any particular concerns about Mother's interaction with or ability to care for the kids. Shortly after he helped Mother move from Sacramento to new housing in Alameda, Mother told him during a home visit that she had relapsed and needed to get into treatment. Mother and the case worker developed a relapse prevention plan and a safety plan for the children. They agreed the children should be placed with their godparents, who had provided them foster care, while Mother sought treatment for her addiction. A petition was later filed, the children were formally removed from Mother's care and Mother was denied reunification services.

The welfare worker was provided reports of Mother's drug testing from July 2017 until just before the termination hearing resumed in March 2018. All of Mother's drug tests were negative.

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Bluebook (online)
242 Cal. Rptr. 3d 391, 31 Cal. App. 5th 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alameda-cnty-soc-servs-agency-v-it-in-re-et-calctapp5d-2018.