In re C.B. CA4/3

CourtCalifornia Court of Appeal
DecidedFebruary 1, 2016
DocketG052177
StatusUnpublished

This text of In re C.B. CA4/3 (In re C.B. CA4/3) 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 C.B. CA4/3, (Cal. Ct. App. 2016).

Opinion

Filed 2/1/16 In re C.B. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re C.B., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G052177 Plaintiff and Respondent, (Super. Ct. No. DP025745) v. OPINION LEIGH B.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Dennis J. Keough, Judge. Affirmed. Marsha F. Levine, under appointment by the Court of Appeal, for Defendant and Appellant, Leigh B. Leon J. Page, County Counsel, Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent. Andrea Renee St. Julian, under appointment by the Court of Appeal, for Defendant and Respondent, Joel M. * * * Leigh B. (mother) appeals from the juvenile court’s judgment terminating jurisdiction at the disposition hearing and placing her son, C.B. (born in November 2014), in his father Joel M.’s (father) sole physical and legal custody with monitored visits for mother. Mother contends the evidence does not support the juvenile court’s finding there was a substantial danger to C.B.’s physical or emotional well-being if he was returned to her (Welf. & Inst. Code, § 361, subd. (c)(1); all statutory citations are to this code unless otherwise noted). She also asserts the court terminated jurisdiction prematurely, and should have awaited the outcome of a previously-ordered Evidence Code section 730 (section 730) evaluation. We discern no error or abuse of discretion and therefore affirm the judgment. I FACTUAL AND PROCEDURAL BACKGROUND In November 2014, San Bernardino County child welfare officials filed a juvenile court petition alleging C.B. had suffered, or was at substantial risk of suffering serious physical or emotional harm “by the inability of [his parent] to provide regular care for [him] due to [his parent’s]. mental illness, developmental disability, or substance abuse.” (§ 300, subd. (b).) Specifically, the petition alleged mother gave birth to C.B. in the backyard of an abandoned house without medical assistance, suffered from mental health issues, and had a criminal history. According to the detention report, mother gave birth on a blanket in the backyard of a home formerly inhabited by the maternal grandmother. Mother claimed she was unaware the grandmother no longer lived at the residence, but a friend, whom

2 mother called during her labor, declared mother planned to deliver her baby in her mother’s backyard without medical assistance. The report also provided details concerning mother’s background. In 1997, mother, then 17 years old, was the driver in an automobile collision that killed her brother and another passenger. The report noted the accident resulted in a ruptured relationship with her parents. Mother had four older children, none of whom remained in her custody. In 2003, after an argument with one of the children’s fathers, she attempted to commit suicide by crashing her vehicle with two of her children on the same mountain road where the 1997 accident occurred. Mother pleaded guilty to felony child endangerment. An unnamed physician quoted in the detention report described mother “as having extreme odd, obsessive, overprotective, controlling, argumentative, [and] non- cooperative” behaviors, perhaps attributable to the brain injury she suffered in the 1997 accident. The social worker’s report for the jurisdiction hearing stated mother was argumentative and uncooperative. Mother refused to sign information release forms that would have allowed the social worker to obtain copies of mother’s mental health records. 1 Nor would mother provide information concerning C.B.’s father. The report catalogued mother’s prior incidents of domestic violence against her children’s fathers, and described other incidents of mother’s erratic behavior. For example, in 2009 mother erupted in anger at two of her children for cluttering the house, repeatedly threw objects at their father, and threatened to stab him. She was arrested and placed on a psychiatric hold (§ 5150). In December 2014, mother waived her rights and pleaded no contest to specified allegations of the petition. The county agreed to dismiss allegations related to mother’s criminal history and mental health issues. The court found C.B. came within 1 Father has filed a letter brief joining in SSA’s legal arguments and requests affirmance of the judgment.

3 2 the provisions of section 300, subdivision (b), and transferred disposition of the case to Orange County, where the parents resided. In a report dated February 2, 2015, the assigned social worker with Orange County Social Services Agency (SSA) stated mother insisted San Bernardino social workers had “li[ed] about everything.” Mother deflected pertinent questions about her history, resisted providing information, denied the 2003 and 2009 incidents occurred, denied spending time in a psychiatric hospital, and refused to sign information release forms. C.B.’s caretaker also reported mother was uncooperative and difficult. Father contacted the social worker and advised he wanted mother to move out of the apartment they recently had rented. He explained they had been arguing and asked for guidance on how to obtain a restraining order. A few days after father spoke with the social worker, mother accused the social worker of having bad intentions and promising father custody if he evicted mother. She also complained the social worker’s interference undermined father’s cooperation and caused him to have anxiety attacks. Mother changed, appeared late, or cancelled her scheduled visits with C.B. The social worker sought a drug testing referral after mother “sounded as if she was under the influence” during a phone call. The social worker cited a prior incident where C.B. did not wake up for hours after mother breast fed him, resulting in San Bernardino social workers prohibiting her from further breast feeding.

2 Section 300, subdivision (b), establishes juvenile court jurisdiction where, “The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child, or the willful or negligent failure of the child’s parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left, or by the willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment, or by the inability of the parent or guardian to provide regular care for the child due to the parent’s or guardian’s mental illness, developmental disability, or substance abuse.”

4 The social worker opined mother suffered from mental health issues and an inability to process information, but could not confirm her suspicions because mother continued to deny permission for the worker to obtain information concerning mother’s mental health history. The social worker recommended a declaration of dependency and a case plan based on a section 730 evaluation. On February 2, the court ordered a section 730 evaluation with Dr. Jennifer Bosch and set a completion date for early April 2015. Issues and concerns listed for the evaluator included the likelihood C.B.

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In re C.B. CA4/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cb-ca43-calctapp-2016.