Christopher D. v. Superior Court

210 Cal. App. 4th 60, 148 Cal. Rptr. 3d 21
CourtCalifornia Court of Appeal
DecidedSeptember 20, 2012
DocketNo. D062170
StatusPublished
Cited by35 cases

This text of 210 Cal. App. 4th 60 (Christopher D. v. Superior Court) 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
Christopher D. v. Superior Court, 210 Cal. App. 4th 60, 148 Cal. Rptr. 3d 21 (Cal. Ct. App. 2012).

Opinion

Opinion

IRION, J.

Christopher D. seeks writ review of a juvenile court order terminating reunification services as to his minor daughter, Sadie D., and setting a hearing under Welfare and Institutions Code section 366.26.1 Christopher contends the court erred by finding he had been provided reasonable visitation services. We grant the petition. Christopher’s request for a stay is denied.

FACTUAL2 AND PROCEDURAL BACKGROUND

Christopher D. and Jade H.,3 both of whom have lengthy substance abuse histories, are the parents of Sadie D. In August 2011, police conducted a Fourth Amendment waiver search of the home where Christopher and Jade lived with then almost two-year-old Sadie. The home was cluttered with dirty clothes and dishes. In the bedroom where Sadie slept, police discovered drug paraphernalia, including needles and a pipe, which were accessible to Sadie. Both parents admitted to recent use of illegal drugs, and Jade was determined to be presently under the influence of a controlled substance. Sadie was observed to be in poor physical condition: she was dirty and had multiple bruises, a diaper rash and cavities, which were indicative of chronic neglect. Sadie was taken into protective custody. The parents were arrested and charged with child cruelty and various drug-related offenses.

The San Diego County Health and Human Services Agency (Agency) filed a juvenile dependency petition under section 300 alleging Sadie suffered, or there was a substantial risk she would suffer, serious physical harm or illness due to the parents’ illegal substance abuse and that she had been left without any provision for support due to the parents’ incarceration (§ 300, subds. (b), (g)).

[64]*64At the August 17 detention hearing, the court made a prima facie finding on the petition and ordered that Sadie be detained in the approved home of a relative. The court ordered Christopher was to have liberal supervised visitation with Sadie when he was released from custody. The court also authorized contact visitation with Sadie while Christopher was incarcerated; however, such visitation was only to occur in accordance with the rules of the facility and as long as visitation was not detrimental to Sadie. The court also authorized $25 per month to be provided to Christopher to make collect telephone calls from prison to Sadie or her caretaker.

In the September 8, 2011 jurisdiction and disposition report, the social worker reported the Agency had detained Sadie with her paternal grandparents, and that Christopher remained incarcerated. The social worker recommended that the court continue Sadie’s placement and order Christopher to participate in reunification services, including individual therapy, parenting education and substance abuse services following an assessment. Christopher’s case plan provided for weekly in-person supervised visits with Sadie, facilitated by the social worker when appropriate, beginning September 8, 2011.

On October 14, 2011, the court held the contested jurisdiction and disposition hearing at which it made true findings on both counts of the petition. The court ordered Sadie’s continued placement with her paternal grandparents. It found Christopher’s case plan appropriate; ordered the Agency to provide Christopher with the case plan services; and ordered Christopher to comply with the plan. The Agency was given the discretion to lift the requirement for supervision of Christopher’s visitation upon his release from custody, to expand visits to overnight, and to begin a 60-day extended trial visit with the concurrence of Sadie’s counsel. All previous orders not in conflict, including those pertaining to visitation, remained in effect.

Christopher was incarcerated from August 17 until December 12, 2011. During this time Christopher had no visitation, in-person or otherwise, with Sadie. The prison telephone account authorized for Christopher was established in mid-October 2011, but the account was not operating efficiently. Christopher informed the social worker of the problems with his telephone account, and she tried to remedy the problem. Ultimately Christopher was able to use the prison telephone account, as evidenced by his collect calls from the prison to the social worker.

Christopher was released from custody on December 12 and immediately entered a residential drug treatment program sponsored by Community [65]*65Resources And Self Help (Crash).4 Christopher was not allowed to have visits with Sadie during the first two weeks of his stay, according to the program rules. In the three-month period that followed, Christopher had two visits with Sadie. He frequently asked the social worker for additional visits with Sadie, but due to the social worker’s heavy caseload and transportation issues, additional visitation proved “very difficult.” Christopher was able to call Sadie from the residential treatment facility, but did not do so consistently.

Christopher left Crash on March 9, 2012, two days before he was due to complete the program. After leaving the program, Christopher called Sadie’s caregivers and was able to secure an additional visit with his daughter. Jade reported to the social worker that the first thing Christopher did after leaving the program was to get a hotel room and party for three days. Within approximately a week Christopher was rearrested and held on new drug charges.

On June 11, 2012, Christopher was released from custody. He called the social worker and stated he wanted to fight for his daughter and wanted more services. Christopher was living in a sober living house and participating in criminal drug court. The social worker believed he was motivated and doing well.

On June 14, 2012, the court held a contested six-month review hearing, the focus of which was whether Christopher had received reasonable services, specifically visitation services. Without objection, the court admitted into evidence the social worker’s April 12, 2012 status report and the addendum report prepared for the hearing. In the April report the social worker stated:

“Currently the parents are not visiting the minor. The father is incarcerated and the mother’s whereabouts are unknown. . . .

“The father got a slow start on visits due to the fact that he was in San Diego at Crash. He was able to have a couple of visits when he was at Crash and one after he left Crash. We had agreed that when he was finished with his program and moved to North County, I would arrange for the father to visit at least three times per week. The father was arrested before that was put in place. The father’s visits with Sadie were appropriate and Sadie is always very excited to see her father.” The social worker opined that Christopher, who had a long-term substance abuse problem, was making good progress but became overly concerned for Jade, and he left his program two days early. According to the report, Christopher “has issues with self esteem and [66]*66codependency that are triggers for relapse. These issues need to be addressed in therapy and therapy services had not yet been set up for father. The father has always maintained contact with the Agency and has expressed his remorse regarding his recent relapse and his intention to get back on track and to try to get his daughter back. For this reason, it is recommended that the father receive 6 more months of services to try to address these issues.”

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Cite This Page — Counsel Stack

Bluebook (online)
210 Cal. App. 4th 60, 148 Cal. Rptr. 3d 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-d-v-superior-court-calctapp-2012.