In re Camila S. CA2/3

CourtCalifornia Court of Appeal
DecidedApril 20, 2021
DocketB307598
StatusUnpublished

This text of In re Camila S. CA2/3 (In re Camila S. CA2/3) 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 Camila S. CA2/3, (Cal. Ct. App. 2021).

Opinion

Filed 4/20/21 In re Camila S. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

In re Camila S., et al., Persons B307598 Coming Under the Juvenile Court Law. (Los Angeles County __________________________________ Super. Ct. No. LAURA F., 19CCJP00060A-B)

Petitioner,

v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Real Party in Interest.

ORIGINAL PROCEEDINGS; petition for extraordinary writ to review order of the Superior Court of Los Angeles County, Martha A. Matthews, Judge. Petition denied. Law Office of Rachel Ewing, Bernadette Reyes and Erin Lovelance, for Petitioner. No appearance for Respondent. Rodrigo Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, for Real Party in Interest. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

Laura F. (mother) filed the present petition for extraordinary writ challenging the juvenile court’s order terminating her reunification services and setting a Welfare and Institutions Code1 section 366.26 hearing as to her two youngest children, Camila S. (born in April 2006) and Sofia (born in October 2011). Mother’s sole contention in this petition is that the juvenile court erred in finding she was provided reasonable reunification services by the Los Angeles County Department of Children and Family Services (DCFS). We conclude that the juvenile court’s finding is supported by substantial evidence, and thus we will deny the petition. FACTUAL AND PROCEDURAL BACKGROUND2 A. The Initial Investigation The family first came to DCFS’s attention in November 2013 after a caller alleged the family was living in unsanitary conditions. According to the caller, the children had “very poor hygiene [and] dirty clothing,” and the family’s home was full of

1 All subsequent undesignated statutory references are to the Welfare and Institutions Code. 2 Sections A–C of this section are taken from our prior opinion in this case, In re C.S. (Dec. 31, 2019, B297668) [nonpub. opn.].

2 flies, cockroaches, dirty dishes, and dirty clothes. Between July 2014 and October 2017, DCFS received four more referrals, most of which were based on the unsanitary conditions in which the family was living. In October 2018, DCFS received another referral based on the family’s living conditions. The family was living in the garage of a house owned by a relative. Although the house was clean, the garage was “horrid.” The family slept on two queen- sized mattresses on the floor. The garage had electricity and a portable stove, but it lacked a bathroom and kitchen. The refrigerator was stocked with food, some of which was spoiled, and there was spoiled food left out on the portable stove. The garage was poorly lit because it lacked interior lighting and all the windows were blocked, and it was “very dirty,” smelled “very strongly of urine,” and was infested by cockroaches. A DCFS social worker who inspected the family’s home advised mother she needed to clean the garage “thoroughly,” including scrubbing the floors, disposing of any spoiled food, and clearing out the items blocking the windows. If mother could not improve the condition of the garage, the social worker advised her to find “another location to provide the children with better living conditions.” The referral also alleged that Camila went to school with dirty clothes, had a strong odor of urine on her body, and had had lice in her hair for “a very long time.” Camila’s teachers were struggling to include Camila in group assignments because the other students complained about her poor hygiene. On one occasion, when she was in the assistant principal’s office, Camila opened her binder and cockroaches came out of it. Camila had

3 missed 15 out of 57 days of school, and she was always late to her first period class. The school’s nurse reported that Camila often complained about pain in her “private area” when she urinated. Although Camila had been diagnosed with a urinary tract infection and had been provided medication by her doctor, the school believed her parents were not following through with the prescribed treatment or taking her back to the doctor when the infection recurred. The school had referred Camila to the Public Health Clinic, and it provided mother referrals to other family-assistance resources, but mother never followed up on them. According to the nurse, “mother does not do much for the children[,] and she also appears unkempt.” In early December 2018, DCFS scheduled a medical and mental health evaluation for Camila. Mother and Camila showed up to the appointment an hour late, so the clinic was able to perform only a mental health evaluation of the child. The clinical supervisor who evaluated Camila was concerned about the family’s well-being. Camila showed up to the evaluation with poor hygiene and dirty clothes, even though the appointment was early in the morning. Mother told the supervisor that 12-year-old Camila frequently “wet[] the bed,” had constant ear infections, and missed a lot of school due to illness. Based on her evaluation of Camila, the supervisor believed the child did not shower or change her clothes after wetting her bed at night. The supervisor advised mother that Camila should receive mental health services to address her bed-wetting. The social worker later referred Camila to mental health services and instructed mother to follow up on scheduling an appointment for the child.

4 In late December 2018, mother told DCFS that the family had been evicted from the relative’s garage and was living with mother’s adult daughter. Mother asked DCFS to “open” a case so that the family could receive housing benefits and other “resources” to help mother find a job. B. The Dependency Petition On January 4, 2019, DCFS filed a dependency petition under section 300 on the children’s behalf. As later sustained by the court, the petition alleged: b-1: “[M]other . . . and father . . . have failed to follow up and ensure that [Camila] received necessary medical care for the child’s urinary tract infection despite the child’s continued complaints. Such failure to ensure that the child received appropriate medical care places the child[] and the child’s sibling[,] [Sofia,] at risk of serious physical harm.” b-2: “On 10/25/18 and on prior occasions, the children[’s] . . . home was found to be in a filthy and unsanitary condition. On prior occasions, the children were observed to have poor hygiene. The mother . . . and father . . . have failed to address the filthy and unsanitary home condition and the children’s poor hygiene despite being provided with resources and referrals to alleviate the conditions. The mother and father’s failure to address the unsanitary home condition and children’s hygiene issues[] place the children at serious risk of physical harm.” At the initial hearing on the children’s petition, the court found DCFS alleged a prima facie case under section 300. The court allowed the children to remain in their parents’ custody and ordered DCFS to provide mother referrals for housing assistance.

5 C. The Family’s Conduct After the Filing of the Dependency Petition In mid-January 2019, Camila received a medical exam. The doctor who evaluated Camila noted the child was “obese” and needed to visit a dentist “ASAP.” The doctor also noted that Camila had head lice. As of early February 2019, the family’s situation had not improved.

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Bluebook (online)
In re Camila S. CA2/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-camila-s-ca23-calctapp-2021.