In Re Andrea G.

221 Cal. App. 3d 547, 270 Cal. Rptr. 534
CourtCalifornia Court of Appeal
DecidedJune 19, 1990
DocketE006935
StatusPublished
Cited by21 cases

This text of 221 Cal. App. 3d 547 (In Re Andrea 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
In Re Andrea G., 221 Cal. App. 3d 547, 270 Cal. Rptr. 534 (Cal. Ct. App. 1990).

Opinion

221 Cal.App.3d 547 (1990)
270 Cal. Rptr. 534

In re ANDREA G., a Person Coming Under the Juvenile Court Law.
RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent,
v.
DIANA G., Defendant and Appellant.

Docket No. E006935.

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

June 19, 1990.

*550 COUNSEL

Valerie L. Nalbantian, under appointment by the Court of Appeal, for Defendant and Appellant.

William C. Katzenstein, County Counsel, and Gloria E. Sydoriak, Deputy County Counsel, for Plaintiff and Respondent.

Donna L. Groman, under appointment by the Court of Appeal, for Minor.

OPINION

DABNEY, J.

On June 29, 1987, a petition for juvenile dependency pursuant to Welfare and Institutions Code section 300, subdivisions (a) and (d)[1] was filed alleging that Diana G. exercised inadequate parental care and control over minor, Andrea G. Specifically, the petition alleged that Diana repeatedly pricked Andrea's skin with a hypodermic needle in an attempt to draw blood from Andrea; Diana encouraged Andrea to eat vomit on numerous occasions; Diana hit Andrea on or about the face on numerous occasions causing severe emotional trauma to Andrea; Diana had no stable residence; Diana was admitted to Ward B of the County Medical Center pursuant to section 5150 on June 25, 1987; and Diana suffered from brain damage which impaired her ability to parent Andrea adequately.

*551 The court amended the third allegation to read that Diana slapped Andrea's face on numerous occasions when Diana was angry and found the allegation concerning Diana's brain damage untrue. Diana's reunification plan required supervised visitation, successful completion of a parent education program, successful completion of therapy until the therapist and the department of public social services (DPSS) deemed therapy was no longer necessary, maintenance of an adequate home for Andrea, attendance at monthly appointments with social workers, and cooperation with DPSS. The objectives were establishment of a stable environment and appropriate parental relationship with Andrea, and resolution of Diana's emotional and/or behavioral problems which led to Andrea's removal.

Andrea was continued as a dependent through the fall of 1988. On December 22, 1988, the parties reached a stipulated agreement that the dependency would be continued for six months and the permanency planning and placement issues would be continued until January 19, 1989, the eighteen-month review.

The contested permanency planning and placement hearing occurred in May 1989. The court found by clear and convincing evidence that return of Andrea to her mother would create a substantial risk of detriment to the well-being of Andrea. The court placed Andrea with her maternal aunt and uncle and adopted long-term foster care as a permanent plan.

FACTS

Andrea told her grandmother and later told sheriff's deputies that her mother, Diana G., attempted to withdraw blood from Andrea's arm using a hypodermic needle. Diana said she needed some "good blood" from Andrea.

Andrea also reported that her mother encouraged her to eat frozen vomit. Sheriff's deputies discovered frozen vomit covered with chocolate syrup in Diana's freezer. Diana told differing stories to different people about why the vomit was in the freezer.

Diana did not have steady employment or a stable home when the petition was filed. She also did not get along well with her extended family which had provided care for Diana and Andrea in the past.

The remaining facts appear in the discussion of the issue to which they pertain.

*552 DISCUSSION

I

SUFFICIENCY OF EVIDENCE

(1a) Diana argues that there was insufficient evidence of detriment to Andrea if returned to Diana's custody. In particular, Diana urges that the court failed to make findings regarding her efforts, progress and compliance with the reunification plan. She notes that she complied with the reunification plan by completing a parenting class, attending therapy, cooperating with the social worker, visiting Andrea regularly, and maintaining a home.

Section 366.25, subdivision (c) requires that the court first determine whether the minor should be returned to her parent under section 366.2, subdivision (e). That section requires the court to determine whether return of the child to her parent would create a substantial risk of detriment to the child. To make that determination, the court is required to look into the efforts and progress by the parent and her cooperation with reunification and to make appropriate findings. (§ 366.2, subd. (e).)

The court made an express finding concerning detriment but made no express finding concerning Diana's efforts, progress and cooperation. The court heard extensive testimony and accepted into evidence social workers' reports and therapists' evaluations, which included references to Diana's efforts, progress and cooperation.

Diana cites In re Venita L. (1987) 191 Cal. App.3d 1229, 1239 [236 Cal. Rptr. 859], which states that an express finding of detriment is necessary. As previously discussed, the juvenile court made that finding in this case. Diana has not cited any authority requiring express findings concerning the elements which compose the detriment finding. Since the juvenile court received evidence concerning these elements, it impliedly took them into consideration when it made its determination regarding detriment.

(2) In determining whether a judgment is supported by substantial evidence, "`the [appellate] court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence — that is, evidence which is reasonable, credible, and of solid value — such that a reasonable trier of fact could find [that [long-term foster care] is appropriate based on clear and convincing evidence].' [Citations.]" (In re Angelia P. (1981) 28 Cal.3d 908, 924 [171 Cal. Rptr. 637, 623 P.2d 198].)

*553 (1b) Dr. Ryan evaluated Diana twice. He diagnosed her as a schizotypal personality which is a long-term condition. He testified that Diana's compliance with the reunification plan was superficial. Her housing situation was not stable or suitable for Andrea. Her job situation was unstable as well. She would be unable to care for Andrea when under stress. While she had completed therapy, it had only stabilized her condition. She had not changed sufficiently for reunification because she still had no insight or cognitive control and was unpredictable. Without insight, she could not protect minor and would not stop her own activities which harm Andrea.

During Diana's supervised visitations with Andrea, the social worker observed that Diana always divided the gifts she brought for Andrea between herself and Andrea. Diana claimed she had purchased things for Andrea when Andrea said she had not and also claimed Andrea had lost things when Andrea said it was not true. Andrea told the social worker she did not want to be left alone with Diana and related that Diana used to tell Andrea to insert carrots and zucchini in her rectum. During one visit, Diana took Andrea out to dinner for Andrea's birthday. Diana ordered only one dinner and began eating the dinner herself until the social worker suggested Diana see that Andrea receive some food.

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Cite This Page — Counsel Stack

Bluebook (online)
221 Cal. App. 3d 547, 270 Cal. Rptr. 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-andrea-g-calctapp-1990.