In Re Ashley G.

205 Cal. App. 3d 1235, 252 Cal. Rptr. 902
CourtCalifornia Court of Appeal
DecidedNovember 14, 1988
DocketF009332
StatusPublished
Cited by1 cases

This text of 205 Cal. App. 3d 1235 (In Re Ashley 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 Ashley G., 205 Cal. App. 3d 1235, 252 Cal. Rptr. 902 (Cal. Ct. App. 1988).

Opinion

205 Cal.App.3d 1235 (1988)
252 Cal. Rptr. 902

In re ASHLEY G., a Minor.
KERN COUNTY DEPARTMENT OF HUMAN SERVICES, Petitioner and Respondent,
v.
DEBBIE V., Objector and Appellant.

Docket No. F009332.

Court of Appeals of California, Fifth District.

November 14, 1988.

*1236 COUNSEL

Marsha Perkes, under appointment by the Court of Appeal, for Objector and Appellant.

B.C. Barmann, County Counsel, and Margo Raison, Deputy County Counsel, for Petitioner and Respondent.

Richard B. Barron, under appointment by the Court of Appeal, for Minor.

OPINION

HAMLIN, J.

Debbie V. appeals from the judgment declaring her three-year-old daughter, Ashley G., free from her custody and control under Civil *1237 Code section 232, subdivisions (a)(3) and (a)(7).[1] Appellant contends there was not sufficient evidence to establish that: (1) she is disabled as the result of habitual use of a controlled substance as required by section 232, subdivision (a)(3); or (2) she has failed and is likely to fail in the future to maintain an adequate parental relationship with Ashley G. Our review persuades us there is substantial evidence to support the juvenile court's finding that appellant is disabled as a result of habitual use of phencyclidine (PCP); we will therefore affirm the judgment.

FACTS

Appellant gave birth to Ashley G. on October 10, 1984. Two weeks later she was arrested on an outstanding warrant issued because she failed to complete the drug diversion program to which she was sent following her arrest in 1984 for being under the influence of PCP. When appellant was arrested, Ashley was placed in a foster home. On December 12, 1984, Ashley was declared a dependent child of the Kern County Juvenile Court. Ashley has remained in foster care since appellant's October arrest.

A family reunification plan was drawn up and signed by appellant in January of 1985. The plan had two relevant requirements. First, appellant was required to submit to and receive three consecutive clean drug tests prior to consideration of return of the minor. Second, appellant was to engage in appropriate drug counseling and receive a positive evaluation.

According to appellant's original caseworker, Gale Meyer, appellant was anxious to do whatever was possible to effect reunification. Although she did not choose to attend the two drug programs recommended by the court, she signed up for counseling right away.

Appellant was tested in March, April and May of 1985 for drugs. Each test came back positive for the presence of PCP in appellant's system. When confronted with the results of the tests, appellant denied using drugs and said she did not understand why the tests were positive. In June and July of 1985 appellant refused to test; she was afraid the tests would be "dirty" and wanted to give herself a chance to clean out. Appellant continued to either test positive for PCP, refuse to test, or miss her appointments for tests through July of 1986. Jan Hendricks, a social worker in the adoption unit, felt that appellant should be self-motivated and she no longer requested appellant to submit to tests.

*1238 Appellant continued to deny that she used drugs and she discontinued counseling.

Appellant had monthly visits with Ashley, missing only occasionally. Although appellant acted appropriately during these visits, Ashley had bonded to her foster parents and often cried for a significant period of time.

All of the social workers who had contact with appellant said she never appeared to be intoxicated; the contacts included a few unannounced visits to her home. On one occasion appellant had missed a visit with Ashley. She became very angry and was screaming, kicking, hitting doors and running off. On another occasion, appellant said she was going to have to kidnap Ashley. Appellant would at times forget scheduled appointments. On January 17, 1987, appellant was arrested for and pleaded guilty to being under the influence of PCP. She denied use on this occasion and stated she was in the car with three other individuals who were using PCP.

Because appellant had no clean tests, the case was turned over to the adoption unit. Ashley was adoptable, and her foster parents, with whom she had lived continuously since she was two weeks old, wished to adopt her.

Dr. David Bird, a psychologist, testified that the use of PCP can result in a reduction of mental awareness and skills; can cause a person to run the emotional gamut from euphoria to depression; and can cause a loss of reference to time, delusions of grandeur, amnesia and forgetfulness. All of these symptoms represent an immediate danger to any child supervised by the substance abusing person. The danger would be present during usage and up to two days following usage. Dr. Bird also testified that PCP could be taken in passively through touch and sidestream smoke.

Lawrence Borgsdorf, a clinical pharmacist, testified that PCP stays in the body longer than most drugs, but not more than 30 days. A positive test, conducted under the circumstances of appellant's tests, clearly indicates that the individual has ingested a significant amount of PCP on more than one occasion. It was very unlikely that casual contact could produce enough PCP in one's system to test positive. A person can show normal behavior and still have positive tests.

Following the testimony of the experts, appellant returned to the stand and testified that her boyfriend smoked PCP cigarettes in her presence on the average of three times a day every other day. She lived with him from the beginning of the testing until the end of the testing.

After reviewing the evidence the court found as follows: "1. The minor, Ashley Marie [G.], has been a dependent child of the Juvenile Court for more than one year.

*1239 "2. That the mother, Debbie [V.], has been deprived of custody of the child for over one year.

"3. That the mother, Debbie [V.], suffers from a disability because of the habitual use of controlled substances.

"This finding is based upon the clear and convincing evidence [sic] that during a period of over one year the mother [sic] never had a clean drug test, refused to take blood tests on occasions when asked and, in the year since the last test, has plead [sic] guilty to being under the influence of P.C.P. and has failed to produce even one clean test.

"Further, the job of parenting is one that requires the full time effort. Thus, being under the influence both mentally and physically incapacitates the mother during those periods and renders her unable to provide adequate care and control.

"Therefore, the minor is one who falls within the definition of C.C.P. [sic] section 232(a)(3)."

DISCUSSION

Section 232, subdivision (a)(3) provides: "(a) An action may be brought for the purpose of having any child under the age of 18 years declared free from the custody and control of either or both of his or her parents when the child comes within any of the following descriptions:

".... .... .... .... ....

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Related

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Bluebook (online)
205 Cal. App. 3d 1235, 252 Cal. Rptr. 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ashley-g-calctapp-1988.