Contra Costa County Department of Social Services v. Carmen J.

42 Cal. App. 4th 1463, 96 Daily Journal DAR 2173, 50 Cal. Rptr. 2d 385, 96 Cal. Daily Op. Serv. 1288, 1996 Cal. App. LEXIS 162
CourtCalifornia Court of Appeal
DecidedFebruary 27, 1996
DocketNo. A069897
StatusPublished

This text of 42 Cal. App. 4th 1463 (Contra Costa County Department of Social Services v. Carmen J.) 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
Contra Costa County Department of Social Services v. Carmen J., 42 Cal. App. 4th 1463, 96 Daily Journal DAR 2173, 50 Cal. Rptr. 2d 385, 96 Cal. Daily Op. Serv. 1288, 1996 Cal. App. LEXIS 162 (Cal. Ct. App. 1996).

Opinion

[1467]*1467Opinion

HAERLE, J.

I. Introduction

Carmen J. (Carmen) appeals from an order permanently terminating her parental rights with respect to Precious J. (Precious). The issue presented is whether Carmen, an incarcerated parent, received reasonable reunification services prior to the termination of her parental rights. We find insufficient evidence in this record to support the juvenile court’s findings that reasonable services were provided. Accordingly, we reverse the judgment terminating Carmen’s parental rights.

II. Factual Background

A. The Petition and Merced County Proceedings

On June 21, 1993, a juvenile dependency petition (the Petition) was filed pursuant to section 300, subdivision (g) of the Welfare and Institutions Code.1 The Petition was filed in Merced, the county where Carmen was incarcerated at the Central California Women’s Facility. The Merced County Human Services Agency (the Agency) alleged that Precious was bom on June 18, 1993, while Carmen was incarcerated. The alleged father was a merchant seaman whose whereabouts were unknown. Precious was taken into protective custody as there was no responsible adult available to care for her.

According to an Agency report prepared in anticipation of the jurisdictional hearing, Carmen had several arrests and convictions for petty theft but her prior criminal record did not involve dmg or alcohol use or crimes of violence or child abuse. The report also states that Carmen denied a history of drug use, desired that her daughter be placed in temporary foster care, and agreed to cooperate with the Agency and take a parenting class while incarcerated.

Carmen was present at a July 13, 1993, combined jurisdiction and transfer-out hearing. The hearing was continued to the next day because a judge was not available. Carmen waived her right to appear at the continued [1468]*1468hearing, during which the court found the allegations in the Petition to be true and exercised jurisdiction over Precious. The court also found that Contra Costa was the county of Precious’s legal residence and ordered that the case be transferred there.

B. The Combined Dispositional and Transfer-in Hearing

A dispositional report was prepared by the Contra Costa County Department of Social Services (the Department). The report states that Carmen “has an extensive history of arrests and convictions for theft but has no criminal history or arrests for crimes of violence or those involving drugs or alcohol. She is incarcerated on a parole violation and forgery charge.” The Department expressed the view that, although Carmen’s prior criminal history would not directly endanger a child, “frequent arrests and convictions can prevent her from providing the stability and continued care a small child needs.” The report also states that Carmen was scheduled to be released from prison on February 3, 1994.

The combined dispositional transfer-in hearing was held on September 17, 1993. Carmen was present and represented by a public defender. The foster mother who had cared for Precious in Merced County requested that Precious be allowed to stay with her. She expressed her commitment to reunification of parent and child and her willingness to facilitate visitations. The Department questioned whether this foster parent was truly committed to reunification and urged that the transfer occur. The foster mother’s request to keep Precious in Merced was denied.

Carmen’s counsel impressed on the court that Carmen was anxious to see her child and asked the court “to order Social Services to make visitation happen in some way.” Referring to In re Brittany S. (1993) 17 Cal.App.4th 1399 [22 Cal.Rptr.2d 50], the court also expressed concern that visitation not be impeded by the transfer of this matter out of the county where Carmen was incarcerated. The Department assured the court and Carmen of its commitment to facilitate visitation: “We’ve talked about it because I don’t want to see that we have the child up here and then somehow it’s just never possible for the next five-and-a-half months to get the child to Chowchilla, because the mother can’t come to where the child is. So we’re working on a commitment to take the child down to Chowchilla for visitation . . . make all arrangements necessary with the prison beforehand so someone doesn’t get down there to have the gate slammed in their face. . . . Because we take it seriously.”

The court was “reassured” by the Department’s representation that it would facilitate visitation and stated: “So moving the child somewhat farther [1469]*1469from the prison may actually facilitate rather than discourage the visitation that we know needs to take place if it’s at all possible.” The court continued jurisdiction over Precious, ordered the Department to arrange visitation, and adopted a modified version of the Department’s proposed reunification plan. The plan contained the following requirements: “1. While incarcerated, minor’s mother must maintain contact with the minor’s caretakers by phone or mail. [H 2. Upon release, minor’s mother must set up a clean stable living situation suitable for a young child. [H 3. Minor’s mother must abide by all terms of her parole. HD 4. Minor’s mother must visit the minor on a schedule set up by the Social Service Department. ["jQ 5. Minor’s mother must keep the Social Service Department aware of her whereabouts and notify the department of any change of address or telephone number within five days.”2

C. The Six-month Review

The six-month review was originally noticed for February 25, 1994. The Department’s six-month report states that Carmen contacted the social worker from prison on two occasions. During the first conversation, Carmen stated that she was going to school and taking parenting and substance abuse classes. Carmen contacted the social worker a second time to tell her she would need to find a temporary residence upon her anticipated release. The social worker facilitated a placement at the Rectory, a 90-day residential drug rehabilitation program. Carmen was paroled into Contra Costa County on January 10, 1994.

The six-month report does not disclose whether any visits between Carmen and Precious occurred during the period of Carmen’s incarceration. However, the report indicates that Carmen kept in touch by telephone with Precious’s foster parent and that Carmen visited Precious on January 10, 1994, was pleased with the care Precious was receiving, and liked the foster mother.

Carmen began living at the Rectory on January 12, 1994. Initially, Carmen did well in the program; she was organized, did her chores and followed the rules. In addition she seemed “concerned about herself and the welfare of her daughter.” However, program facilitators were dissatisfied with Carmen’s lack of participation at group meetings and her inability to verbalize her feelings. When she was confronted about this, Carmen became verbally abusive. When Carmen left the facility for four hours without permission, [1470]*1470she was placed on restriction and a visit with her daughter, scheduled for that weekend, was canceled. Angered by this punishment, Carmen left the program.3

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42 Cal. App. 4th 1463, 96 Daily Journal DAR 2173, 50 Cal. Rptr. 2d 385, 96 Cal. Daily Op. Serv. 1288, 1996 Cal. App. LEXIS 162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/contra-costa-county-department-of-social-services-v-carmen-j-calctapp-1996.