Humboldt County Department of Social Services v. Pamela C.

31 Cal. App. 4th 296, 95 Cal. Daily Op. Serv. 141, 36 Cal. Rptr. 2d 910, 1994 Cal. App. LEXIS 1318
CourtCalifornia Court of Appeal
DecidedJanuary 3, 1995
DocketNo. A064060
StatusPublished
Cited by1 cases

This text of 31 Cal. App. 4th 296 (Humboldt County Department of Social Services v. Pamela C.) 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
Humboldt County Department of Social Services v. Pamela C., 31 Cal. App. 4th 296, 95 Cal. Daily Op. Serv. 141, 36 Cal. Rptr. 2d 910, 1994 Cal. App. LEXIS 1318 (Cal. Ct. App. 1995).

Opinion

Opinion

NEWSOM, J.

This appeal from an order terminating parental rights of a prison inmate presents a troubling record of intervention by the Department of Social Services of Humboldt County (hereafter DSS).

The minor, Monica C., is the sixth child of Pamela C. (appellant), who has an extensive criminal record dating from her addiction to heroin in the late 1970’s and a history of losing custody of previous children. According to a DSS report, her first marriage produced three children who “were passed around to different relatives’ homes.” The two children of a second marriage are now in the guardianship of their paternal grandparents.

[299]*299Following her third marriage, appellant and her husband, Todd C., were sentenced to state prison in 1989. Being pregnant at the time of imprisonment, Pamela gave birth to a daughter, Monica C., on June 28,1990. A week after birth, the infant was entrusted to appellant’s great aunt, Betty Martin, and her husband, Wayne Martin. On September 5, 1990, Pamela was released and assumed custody of the child. She was later arrested for a parole violation on January 16, 1991, and incarcerated in a local jail. On May 26, 1991, she was released on parole and again took custody of the child until August 29, 1991, when she was arrested for another parole violation and committed to the California Women’s Institute in Stockton, California, for a term of eight years and eight months. In presentations to the juvenile court, both appellant and DSS calculated appellant’s earliest release date as being in July 1995. The father remained in prison throughout this period and does not join in this appeal.

The involvement of the DSS in the case appears to date from a petition filed by Betty Martin for guardianship over the child. In a home evaluation, the DSS found that the Martins did not have the physical abilities to be “appropriate long-term guardians for Monica” and recommended denial of the petition. The report stated that the DSS would file a dependency petition should the guardianship be denied. Although the record is incomplete, it appears that the court followed the DSS’s recommendation to deny the guardianship.

On February 25, 1992, the DSS filed a juvenile dependency petition alleging a failure to protect the child under Welfare and Institutions Code section 300, subdivision (b), and lack of provision for the child’s support under Welfare and Institutions Code section 300, subdivision (g).1 The allegation under subdivision (g) stated that the parents were incarcerated under “lengthy terms of confinement . . . [and] failed to make appropriate long-term plans for the care of the child.” At a contested jurisdictional hearing on May 1, 1992, the DSS presented no evidence relating directly to appellant’s physical and mental capability to make plans for the care of the child. The only evidence relating to her ability to “arrange for the care of the minor,” within the meaning of section 300, subdivision (g), consisted of her personal history and testimony relating to Betty Martin’s ability to care adequately for the child on a long-term basis. The DSS relied implicitly on the questionable inference that, since appellant had made a poor choice in leaving the child with Betty Martin, she could be found generally to be incapable of arranging for the care of the child.

Following the hearing, the juvenile court upheld the allegation under section 300, subdivision (g), while finding the allegation under section 300, [300]*300subdivision (b) to be not true. In the subsequent dispositional hearing, the court declared the minor a dependent of the court but allowed her to remain in the custody of Betty Martin. Appellant did not appeal from the jurisdictional or dispositional order, and therefore the sufficiency of the evidence for these orders is not before us in this appeal.

Pursuant to section 361.5, subdivision (e)(1), the dispositional order required the DSS to provide family reunification services and approved a “Family Reunification Services Agreement” between the DSS and the mother. The agreement made no provision for visitation between the child and appellant but instead required appellant to write and call the child monthly and to send pictures of herself to the child’s caretaker. In addition, appellant was directed to enroll in any programs relating to substance abuse and parenting that might be offered in prison.

At the time of the dispositional hearing, appellant was pursuing an application to gain admission to a mother/infant program of the department of corrections that would allow her to care for the child while in prison. The state program, operated in seven small facilities, provided beds for a total of only ninety-four inmates throughout the entire prison system. Accordingly, admission was subject to rigorous screening standards. In a decision dated September 10, 1992, the Department of Corrections definitively denied appellant’s admission into the program.

At the six-month review hearing on December 29, 1992, the DSS submitted professional evaluations by Bettye S. Elmore, Ph.D., and Carmela Wenger, MFCC, recommending long-term placement in a foster home with a likelihood of adoption. Without interviewing appellant herself, both professionals drew their knowledge of her case entirely from personal history appearing in DSS files. At the conclusion of the hearing the court found, pursuant to section 366.21, subdivision (e), that the return of the minor to the parent’s custody would “create a substantial risk of detriment to the [minor’s] physical or emotional well-being” in view of “the incarceration of both parents, their sentence lengths, their recidivism, . . . and Pam’s poor parental record.” The court continued the child’s placement with Betty Martin until a long-term foster home could be found and approved a modified reunification plan services agreement.

The modified agreement required appellant to send the DSS by January 8, 1993, “a list of available services” at her prison that would allow her caseworker “to focus on the problems that led to [her] incarceration[] and removal of [her] child. These services may include (but [are] not necessarily limited to): Parenting classes, substance abuse counseling (with aftercare [301]*301such as Alcoholics Anonymous or Narcotics Anonymous), library resources for parenting information, phone access, visitation privileges, etc.”

On January 4, 1993, the DSS filed a supplemental petition under section 388 recommending placement of the child in the home of a “foster caretaker, which may include a fost/adopt placement in or outside of Humboldt County.” The petition was supported by a home study which found that “Mr. and Mrs. Martin are an older couple, ages 57 and 64, who cannot be approved for the long term placement of Monica.” Following a contested hearing, the court allowed the petition in an order entered March 3, 1993.

The 12-month review report indicated that the minor suffered from serious behavior problems and delayed development, but a prospective “fost/adopt home” for the child had nevertheless been located out of the county. It recommended termination of reunification services and a hearing for permanent placement of the child pursuant to section 366.26.

At a contested 12-month review hearing on June 16 and 17, 1993, appellant testified to her efforts to comply with the reunification plan. She wrote the child weekly through December 1992, enclosing pictures with her letters.

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Related

In Re Monica C.
31 Cal. App. 4th 296 (California Court of Appeal, 1995)

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Bluebook (online)
31 Cal. App. 4th 296, 95 Cal. Daily Op. Serv. 141, 36 Cal. Rptr. 2d 910, 1994 Cal. App. LEXIS 1318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humboldt-county-department-of-social-services-v-pamela-c-calctapp-1995.