Alameda County Social Services Agency v. Z.G.

178 Cal. App. 4th 1271, 101 Cal. Rptr. 3d 49, 2009 Cal. App. LEXIS 1752
CourtCalifornia Court of Appeal
DecidedOctober 2, 2009
DocketNo. A123994
StatusPublished
Cited by11 cases

This text of 178 Cal. App. 4th 1271 (Alameda County Social Services Agency v. Z.G.) 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
Alameda County Social Services Agency v. Z.G., 178 Cal. App. 4th 1271, 101 Cal. Rptr. 3d 49, 2009 Cal. App. LEXIS 1752 (Cal. Ct. App. 2009).

Opinion

Opinion

LAMBDEN, J.

In 1992, Z.C. was removed from her mother’s custody immediately after being bom. Z.G. (Z.G. or the guardian) was appointed the guardian for Z.C. at a hearing pursuant to Welfare and Institutions Code section 366.26.1 Years later, after the Alameda County Social Services Agency (the agency) sought a more restrictive placement for Z.C., the juvenile court held a section 366.3 hearing. The court did not terminate the guardianship. Rather, it ordered reunification services to Z.G. to maintain the legal guardianship. The agency agrees that reunification services are appropriate, but challenges the juvenile court’s authority to order them. The [1276]*1276agency claims that, under section 366.3, subdivision (b), the court’s power is limited to recommending that the agency provide services.

We conclude that the agency’s construction of section 366.3, subdivision (b) would have absurd consequences not intended by the Legislature. Under the plain meaning of the statute when considered within the context of juvenile dependency law, section 366.3, subdivision (b) provides the juvenile court with the power to order the social services agency to provide reunification services to a legal guardian when deciding whether it is in the best interests of the child to maintain the existing legal guardianship. Accordingly, we affirm the judgment.

BACKGROUND

In 1992, right after the birth of Z.C., the agency filed a petition in juvenile court alleging that Z.C. was a person defined under section 300, subdivision (b). Z.C. was declared a dependent and placed with her maternal aunt, Z.G. In 1994, the court held the section 366.26 hearing and ordered a permanent plan of legal guardianship for Z.C. with Z.G.

Z.C. was delivered into protective custody on March 23, 2004, and placed in foster care. The agency filed a new petition on March 25, 2004, alleging failure to protect under section 300, subdivision (b), based on the guardian’s inability to control Z.C.’s behavioral problems. Z.C.’s behavior improved while in foster care, and she returned to the guardian’s home. At the hearing on April 8, 2004, the court dismissed the petition with an order for informal family maintenance services.

About four years later, on August 27, 2008, the agency filed a section 387 petition seeking a more restrictive placement for Z.C. The petition alleged that the guardian wanted to rescind the guardianship due to Z.C.’s behavior, which included refusing to observe household rules, refusing to attend school, making verbal threats to harm the guardian, hitting the guardian, and allowing her friends to enter the guardian’s apartment without permission. The guardian was not in good health as she had suffered a stroke; she also had liver problems, diabetes, and high blood pressure. At the detention hearing on August 28, 2008, the court found removal necessary and set the matter for an uncontested hearing.

On November 6, 2008, the agency filed a petition under section 388, requesting the court to change its prior order appointing Z.G. as the guardian. The petition stated that it would be in the best interests of the minor to attempt to return the minor to the home of the legal guardian with six months of services. The court granted the agency’s petition.

[1277]*1277At the hearing on November 6, 2008, counsel for the agency argued that reunification services should be limited to six months. The attorneys for Z.C. and Z.G. argued that reunification services to the legal guardian under section 366.3 were not subject to a time limit of six months. The court set the matter regarding the length of time for reunification services to Z.G. for a contested hearing.

After holding the contested hearing, the juvenile court ruled on January 20, 2009, that section 366.3 did “not contain a maximum length of time that services to maintain a legal guardianship can be offered” and the court found that “the length of time that services should be offered to assist in maintaining a legal guardianship is the length of time consistent with the best interests of the child.”

At the section 366.3 hearing on January 23, 2009, the agency told the court that “the question as to whether the court has the authority to order [services] or the court can merely recommend that the agency do so is significant to the agency because it will ultimately determine how this is paid for and how the agency will proceed going forward.” The court dismissed the section 300 and section 388 petitions and sustained the allegations in the section 387 petition. It also ordered the agency to “provide services under section 366.3 in the best interest of the minor.”

The agency filed a timely notice of appeal.

DISCUSSION

I. Authority to Order Reunification Services

The agency filed a petition to change the legal guardianship and the juvenile court held a section 366.3 hearing to determine whether the terms of the legal guardianship should continue as is, be modified, or terminated.2 Any proceeding to terminate a guardianship where the court had dismissed its dependency jurisdiction following the establishment of a legal guardianship, as in this case, is governed by section 366.3, subdivision (b). At the conclusion of the section 366.3 hearing, the juvenile court ordered reunification services to the guardian. The agency contends that this statute does not provide the lower court with the authority to order reunification services and that the agency retains the discretion to decide whether to provide services and, if it provides them, it can decide when to terminate them. Thus, the question before us is the interpretation of section 366.3.

[1278]*1278A. Standard of Review

“The determination of the meaning of a statute is a question of law that is subject to de novo review . . . .” (In re Z.R. (2008) 168 Cal.App.4th 1510, 1512 [86 Cal.Rptr.3d 495]; see also In re Darlene T. (2008) 163 Cal.App.4th 929, 937 [78 Cal.Rptr.3d 119].) “In statutory construction cases, our fundamental task is to ascertain the intent of the lawmakers so as to effectuate the purpose of the statute.” (Estate of Griswold (2001) 25 Cal.4th 904, 910 [108 Cal.Rptr.2d 165, 24 P.3d 1191].) “ ‘We begin by examining the statutory language, giving the words their usual and ordinary meaning.’ ” (Id. at p. 911.) “If the terms of the statute are unambiguous, we presume the lawmakers meant what they said, and the plain meaning of the language governs.” (Ibid:, see also In re Do Kyung K. (2001) 88 Cal.App.4th 583, 590-591 [106 Cal.Rptr.2d 31].)

“ ‘Additionally, however, we must consider the [statutory language] in the context of the entire statute [citation] and the statutory scheme of which it is a part.’ ” (Phelps v. Stostad (1997) 16 Cal.4th 23, 32 [65 Cal.Rptr.2d 360, 939 P.2d 760].) “ ‘ “When used in a statute [words] must be construed in context, keeping in mind the nature and obvious purpose of the statute where they appear.’ [Citations.] Moreover, the various parts of a statutory enactment must be harmonized by considering the particular clause or section in the context of the statutory framework as a whole.” ’ ” (Ibid.)

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Cite This Page — Counsel Stack

Bluebook (online)
178 Cal. App. 4th 1271, 101 Cal. Rptr. 3d 49, 2009 Cal. App. LEXIS 1752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alameda-county-social-services-agency-v-zg-calctapp-2009.