In Re BD

67 Cal. Rptr. 3d 810, 156 Cal. App. 4th 975
CourtCalifornia Court of Appeal
DecidedNovember 7, 2007
DocketC053745
StatusPublished
Cited by12 cases

This text of 67 Cal. Rptr. 3d 810 (In Re BD) 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 BD, 67 Cal. Rptr. 3d 810, 156 Cal. App. 4th 975 (Cal. Ct. App. 2007).

Opinion

67 Cal.Rptr.3d 810 (2007)
156 Cal.App.4th 975

In re B.D. et al., Persons Coming Under the Juvenile Court Law.
Sacramento County Department of Health and Human Services, Plaintiff and Respondent,
v.
G.P. et at., Defendants and Respondents;
B.D. et al., Appellants.

No. C053745.

Court of Appeal of California, Third District.

November 7, 2007.

*811 Darlene Azevedo Kelly, under appointment by the Court of Appeal, for Appellants.

Maureen L. Keaney, for Respondent G.P.

No appearance for Respondent, A.H.

Certified for Partial Publication.[*]

CANTIL-SAKAUYE, J.

The minor children, B.D. and X.H., appeal from an order of the juvenile court dismissing a petition (Welf. & InstCode, § 300)[1] filed on behalf of X.H. and a subsequent and supplemental petition (§§ 342, 387) filed on behalf of B.D. The minors contend the trial court erred in sustaining section 355 objections to four witness statements and that even if the objections were properly sustained as to all of the witness statements, mother's admission provided independent corroboration sufficient to sustain the petitions. We shall reverse and remand.

RELEVANT FACTUAL BACKGROUND AND PROCEDURAL HISTORY

B.D. was born on May 17, 2004, to mother, G., herself a dependent child at the time. On May 19, 2004, the Department of Health and Human Services (DHHS) filed *812 a section 300 petition alleging mother had emotional problems which had resulted in her hospitalization. The detention report indicated mother had had several "psychiatric hospitalizations in 2002 for suicidal ideation, depression, self-mutilation, hearing voices, and hallucinations.[2] Furthermore, the minor mother fails to follow through with taking psychotropic medications. Additionally, the minor mother expresses anger by breaking windows, throwing food and plates against the wall, and assaulting the maternal grandparents."

Part of mother's history included an arrest for battery against a school employee in 2002. Mother's father informed the social worker that mother was abusive towards himself and his wife, she destroyed things and "curses people out." Neither parent wanted mother to return to their home. Mother had a history of hitting other people, including her father and a teacher.

In August 2004, mother admitted the allegations of the petition, and B.D. was declared a dependent child. In September 2004, B.D. and mother were placed together in a foster home. Mother's parenting abilities improved. Mother's behavior also improved. She was cooperating with her case plan and keeping appointments. She had not expressed any suicidal ideation or engaged in any self-mutilation. In counseling, mother's mood ranged from depression to anger. She was also taking 50 milligrams of Zoloft for mood disorder and postpartum depression.

A psychological evaluation was conducted in December 2004. During her examination, mother "was mildly depressed, reserved and somewhat angry." The psychologist opined mother's overall treatment and service amenability was marginal. He believed she would only participate in services as a means of securing custody of B.D., rather than actually trying to benefit from services. The psychologist recommended mother continue individual counseling with a focus on improving her self-esteem, addressing her anger control difficulties, lack of trust in others, chronic depression, parenting skills and ability to protect her child.

A May 2005, progress report noted mother was participating in a number of parenting classes. She had also become more cooperative in participating in counseling sessions. She was making progress in counseling and appeared to interact well with B.D. Mother reported she was two months pregnant. Mother had noticed a significant difference in her behavior since she began taking Zoloft. She had not had any behavioral outbursts since being in her foster mother's care. She was making reasonable progress in her case plan. As of July 2005, mother continued to do well in her case plan, attending parenting classes, and counseling sessions.

X.H. was born in October 2005. X.H. was not placed in protective custody. X.H., B.D. and mother all lived together in a foster home. As mother was approaching her 18th birthday, she and the social worker discussed her plans. The social worker recommended mother seek transitional housing, but mother stated her intention to move back in with her parents. Mother continued to participate in parenting classes and counseling. She also continued to interact well with B.D. Mother continued taking Zoloft, but indicated she did not know why she was taking the medication.

*813 In April 2006, mother continued to make progress. She appeared to "be doing better with her anger and appears happier." Interactions between mother and the children appeared appropriate. She had been accepted into transitional housing, but planned to move in with her parents. The parents lived in a small one-bedroom trailer.

Mother moved back in with her parents in May 2006. The social worker reported mother had matured a great deal over the course of the case and had learned to better deal with her anger. Mother was attending a technology school but was unemployed. She continued to receive counseling services and was making progress. Mother indicated she had stopped taking Zoloft, because she had not been provided with additional medication. Mother was having difficulty procuring employment and difficulty with her finances. She appeared stressed.

In June 2006, DHHS filed section 342 and 387 petitions on behalf of B.D. and a section 300 petition on behalf of X.H. The petitions alleged that on June 20, 2006, mother had struck B.D. on the face and thrown him into a bench, causing significant pain and bruising. With respect to X.H., it was further alleged that mother suffered psychiatric/emotional problems which rendered her incapable of providing adequate care and supervision.

The detention report contained a statement from an unidentified witness. In this statement, the witness stated mother and B.D. were running for the light rail train. Mother hit B.D. in the back of his head and he lost his balance and fell. B.D. was taken to the hospital. He was found to have a scar on his right forehead, a bruise on his left cheek and dried blood in his right nostril.

Social worker Bennett-Jordan spoke with mother who reported she and B.D. were running for the light rail and B.D. fell. Mother did not acknowledge hitting B.D. in the back of the head. She explained B.D.'s nosebleed occurred because of the heat.

Social worker Zielenski interviewed mother on June 21, 2006. When asked if she knew why the children had been placed in protective custody, she responded, "I tapped B.D. on the back of the head. There were women present who said I cocked my hand back and I hit him. They told me to take it easy on my child and to stop slapping him around. What had happened was we were walking fast and he tripped. I did not throw him on the bench." With respect to B.D.'s bloody nose, mother indicated she was cleaning B.D.'s nose and "he had a scab, and that's why it started to bleed."

Mother also reported she was not taking medication and had not been taking medication since January or February 2006.

The August 2006 jurisdiction/disposition report contained additional information. X.H.'s father was interviewed and indicated he was not at the light rail station, so did not know if the allegations were true. However, he noted that on one occasion he, B.D.

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Cite This Page — Counsel Stack

Bluebook (online)
67 Cal. Rptr. 3d 810, 156 Cal. App. 4th 975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bd-calctapp-2007.