In re G.W. CA3

CourtCalifornia Court of Appeal
DecidedNovember 25, 2013
DocketC072716
StatusUnpublished

This text of In re G.W. CA3 (In re G.W. CA3) 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 G.W. CA3, (Cal. Ct. App. 2013).

Opinion

Filed 11/25/13 In re G.W. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

In re G.W. et al., Persons Coming Under the C072716 Juvenile Court Law. (Super. Ct. Nos. YOLO COUNTY DEPARTMENT OF JV10-056, JV10-374) EMPLOYMENT AND SOCIAL SERVICES,

Plaintiff and Respondent,

v.

B.W. et al.,

Defendants and Appellants.

James M. (father) and Brandy W. (mother) appeal from the juvenile court’s orders terminating their parental rights as to minors G.W. and J.M. (Welf. & Inst. Code, § 366.26.)1 Brandy W. is the biological mother of both minors; James M. is the biological father of J.M. and the stepfather of G.W.

1 Undesignated statutory references are to the Welfare and Institutions Code.

1 Father contends the juvenile court erred by finding that the beneficial parental relationship exception to adoption did not apply as to J.M. (§ 366.26, subd. (c)(1)(B)(i).) Mother joins in father’s arguments to the extent they benefit her. We shall affirm. FACTUAL AND PROCEDURAL BACKGROUND In April 2010, the juvenile court sustained a section 300 petition filed by Yolo County Department of Employment and Social Services (the Department) as to three- year-old G.W. The petition alleged: Mother had significant mental health issues, suffered from substance abuse addiction, and lived with unsuitable companions. Mother had not complied with services offered to help her and G.W., who now suffered from global delays. G.W.’s father, B.W., had not protected or supervised her adequately, and had allegedly been extremely violent toward mother during their marriage.2

In May 2010, the juvenile court ordered G.W. placed in foster care and granted reunification services to mother, setting a six-month review hearing in November 2010.

Mother gave birth to J.M. in September 2010. J.M. was taken into protective custody because of allegations that mother and the alleged father, James M., had untreated substance abuse problems and mother was mentally unstable. At the detention hearing, the juvenile court determined that James M. was J.M.’s presumed father. Mother requested a psychological evaluation.

A psychological evaluation by Jayson Wilkenfield, Ph.D., advised against granting reunification services to mother, who suffered from a history of methamphetamine abuse, anxiety disorder, panic disorder, and bipolar personality disorder with paranoid traits. Dr. Wilkenfield opined that mother was emotionally unstable, at significant risk of

2 At disposition, the juvenile court found that B.W. had mental health issues, lived in a group home for adults, and did not have a relationship with G.W. B.W.’s parental rights were terminated along with those of father and mother. He is not a party to this appeal. We refer to James M. as “father” with respect to both minors in this case.

2 relapse into substance abuse, and prone to periodic psychological breakdowns. Her chances of benefiting from services and regaining custody of the minors were remote.

At the jurisdictional hearing as to J.M. in October 2010, the juvenile court sustained the Department’s section 300 petition, ordered a second psychological evaluation of mother, and set disposition in December 2010.

The Department’s November 2010 status review report as to G.W. recommended terminating mother’s services. Mother had not made significant progress in substance abuse treatment or mental health treatment. During visits, she still showed limited empathy and response to G.W. Although the minor remained developmentally delayed, she had made significant gains and had a good relationship with her foster family.

The second psychological evaluation of mother, done by Cynthia Neuman, Ph.D., in November 2010, found that mother suffered from posttraumatic stress disorder (PTSD) and might benefit from reunification services if correctly treated for that condition. Dr. Neuman thought mother’s previous diagnoses were wrong and her treatments might actually have been damaging.

The Department’s December 2010 disposition report as to J.M. recommended out- of-home placement, with reunification services for the parents. Mother and father had married. Father was working three jobs and was fully engaged in services. Mother had not made adequate progress in drug and mental health treatment, but in light of Dr. Neuman’s opinion the Department could not recommend denying services to mother as to J.M.3

3 The juvenile court may deny reunification services on grounds of mental disability only if two qualified experts agree that the disability would render the parent unable to benefit from services. (§ 361.5, subd. (b)(2); Linda B. v. Superior Court (2001) 92 Cal.App.4th 150, 152-153.) In a January 2011 addendum, the Department recommended reunification services for mother as to G.W.

3 In December 2010, at J.M.’s dispositional hearing, the juvenile court ordered him placed in foster care, granted reunification services to the parents, and set a six-month review hearing for June 2011. The court also set a January 2011 six-month review hearing as to G.W.

In January 2011, the juvenile court continued G.W.’s foster placement and granted further reunification services to mother.

In a 12-month review status report as to G.W. in March 2011, the Department recommended terminating mother’s services. Mother had remained drug-free, but her participation and progress in mental health treatment were minimal. The minor enjoyed mother’s visits, but was doing well in foster care and had formed a good relationship with her foster family. The minor continued to receive specialized educational services because of her speech delays.

In April 2011, at the contested 12-month review hearing as to G.W., the juvenile court granted further services to mother and calendared an early review of mother’s progress.

In May 2011, the juvenile court ordered further services for mother as to G.W. and scheduled an 18-month review hearing for August 2011.

The Department’s six-month review status report as to J.M., filed in May 2011, recommended terminating mother’s and father’s services and setting a section 366.26 hearing. J.M. was thriving in the foster home where he had lived since his birth. Mother had just begun to attend mental health services, and the quality of her visitation with the minor was poor; she did not seem able to improve her parenting skills in the near future. Father had done well in services and visitation, but his determination to remain with mother, even though he recognized her deficits as a parent, indicated that he was not willing to protect the minor.

4 In June 2011, at the six-month review hearing as to J.M., the juvenile court continued the parents’ services, set a contested six-month review hearing and a trial- setting conference for an 18-month review hearing as to G.W. for late August 2011. The court also increased visitation.

On August 17, 2011, the juvenile court vacated the scheduled hearing dates and granted a 90-day continuance because both parents were making significant progress.

In December 2011, the Department’s 18-month status review report as to G.W. recommended terminating mother’s services and setting a section 366.26 hearing. Mother’s court-appointed therapist thought mother had made progress, but felt constrained by professional ethics from evaluating mother’s capacity to parent the minors. Dr. Neuman had agreed to update her evaluation, but could not do so before mid-January 2012.

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