In Re Aaron S.

228 Cal. App. 3d 202, 278 Cal. Rptr. 861
CourtCalifornia Court of Appeal
DecidedMarch 8, 1991
DocketA044930
StatusPublished
Cited by42 cases

This text of 228 Cal. App. 3d 202 (In Re Aaron S.) 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
In Re Aaron S., 228 Cal. App. 3d 202, 278 Cal. Rptr. 861 (Cal. Ct. App. 1991).

Opinion

228 Cal.App.3d 202 (1991)
278 Cal. Rptr. 861

In re AARON S., a Minor.
CITY AND COUNTY OF SAN FRANCISCO DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent,
v.
SHEDRICK JONES, Defendant and Appellant.

Docket No. A044930.

Court of Appeals of California, First District, Division Two.

March 8, 1991.

*204 COUNSEL

Mary G. Holbrook, under appointment by the Court of Appeal, for Defendant and Appellant.

Louise H. Renne, City Attorney, and Loretta M. Giorgi, Deputy City Attorney, for Plaintiff and Respondent.

[Opinion certified for partial publication.[*]]

OPINION

KLINE, P.J.

Shedrick Jones appeals from an order declaring his son, Aaron S., a dependent of the court. The court sustained the dependency petition on a number of grounds pertaining to the child's mother and one pertaining to appellant, that appellant was incarcerated and had not arranged for placement of the child before he was removed from the mother's custody. Appellant contends that the court misinterpreted the statute upon which this latter allegation was based, that the petition failed to provide him with adequate notice, and that the court failed to comply with a requirement that a written stipulation be obtained before a case may be heard by a temporary judge

STATEMENT OF THE CASE AND FACTS

On October 26, 1988, a petition was filed alleging that Aaron S., age two years, came within the provisions of Welfare and Institutions Code section 300, subdivision (a).[1] In the first six counts, the petition alleged that Aaron *205 was in need of proper and effective parental care and supervision and had no parent or guardian actually, or capable of, exercising such care and supervision in that (1) the mother had a substance abuse problem which required treatment as it rendered her unable to care for the minor; (2) the mother had no home for the minor; (3) the mother was unable to control the minor without resorting to physical abuse which placed him at risk; (4) the mother had failed to respond to reasonable efforts provided by the department of social services (DSS) to assist her in the care and management of the minor; (5) two siblings of the minor were dependents of the court due to the mother's substance abuse and neglect; and (6) the mother had left the minor in the care of other adults for extended periods of time, to the emotional detriment of the minor. The seventh count alleged: "Further, the father of said minor is incarcerated." The "Facts in Support of Petition" described the mother's drug abuse, history of neglect, problems maintaining housing and controlling Aaron, and failure to follow through on services offered in efforts to prevent removal. The only reference to appellant in this document was a statement that he was incarcerated and unable to care for Aaron.

A detention hearing was held on October 27, 1988, at which Aaron was released to his mother upon the conditions that the mother (1) participate in a drug treatment program at the Bay View Hunters Point Foundation; (2) take Aaron to the Audrey L. Smith Day Care Center and (3) participate in individual counseling there; and cooperate with the public health nurse and early parenting program.

The DSS report submitted for the jurisdictional hearing stated that Aaron came to the attention of DSS during the course of interaction with the family on the dependency of his younger sister, Syeeda. The report detailed the history and current situation of the mother, including her drug abuse, lack of stable housing, inability to control her children, failure to follow through on social services, and problems with her two older sons' involvement in drugs and lack of school attendance. The report indicated that appellant's mother had kept Aaron for a few days but then asked the mother to take him back because he was too hard to control. With respect to appellant, the report simply stated that he was the father of Aaron and Syeeda, was incarcerated at Jamestown, but had had contact with the social worker.

The jurisdictional hearing was held on November 28, 1988, with neither parent present. The court found the mother's failure to appear willful, found counts one through six of the petition true as to the mother and set the matter for a settlement conference as to the father and disposition as to *206 the mother on January 9, 1989. This date was continued twice, to January 17 and then January 24, 1989.

DSS filed an addendum to its earlier report on January 17, 1989. This report dealt entirely with the mother's situation, including her failure to participate in services, maintain housing, place Aaron in day care, and take Aaron and Syeeda to routine medical appointments, as well as continuing problems controlling her two older sons. On January 13, the social worker found Aaron and Syeeda dirty and hungry and took them to a shelter; appellant's mother was contacted and agreed to take Aaron into her home. The addendum did not refer to appellant. An addendum to the previously filed "Facts in Support of Petition" similarly dealt solely with the mother's situation.

On January 18, DSS filed an amended petition with allegations stated in terms of newly effective amendments to section 300.[2] With respect to the mother's conduct, the petition alleged that Aaron came within the provisions of section 300, subdivisions (b) and (j)[3] for the reasons stated in the original petition, and added an additional count alleging the mother had failed to comply with the conditions of release to such an extent that it was necessary to admit the minor into shelter on January 13, 1989. Regarding appellant, count 8 of the amended petition alleged that Aaron came within the provisions of section 300, subdivision (g) as follows: "The minor has been left with no provision for support by reason of the parent's incarceration or institutionalization in that ... the father of said minor is incarcerated."

On January 24, 1989, appellant was present for the hearing and settlement conference. It was stipulated that the matter would be submitted on the November 28, 1988, and January 17, 1989, DSS reports. The court admitted into evidence these reports as well as the original "Facts in Support of Petition" and addendum thereto. It was also stipulated that if appellant were to testify, he would state that he wanted Aaron to be cared for by the paternal grandmother, Betty Jones, if the child could not be cared for by the mother. Appellant's counsel represented that he had received a *207 letter to this effect from appellant postmarked November 14, 1988. DSS recommended that the minor be placed with Betty Jones.

After finding that the mother had been given notice as required by law and that her failure to appear was willful, the court proceeded only as to appellant.

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Bluebook (online)
228 Cal. App. 3d 202, 278 Cal. Rptr. 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aaron-s-calctapp-1991.