In Re Hadley B.

56 Cal. Rptr. 3d 234, 148 Cal. App. 4th 1041
CourtCalifornia Court of Appeal
DecidedMarch 22, 2007
DocketG037558, G037689
StatusPublished
Cited by26 cases

This text of 56 Cal. Rptr. 3d 234 (In Re Hadley B.) 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 Hadley B., 56 Cal. Rptr. 3d 234, 148 Cal. App. 4th 1041 (Cal. Ct. App. 2007).

Opinion

56 Cal.Rptr.3d 234 (2007)
148 Cal.App.4th 1041

In re HADLEY B., a Person Coming Under the Juvenile Court Law.
Orange County Social Services Agency, Plaintiff and Appellant,
Hadley B., Minor and Appellant,
v.
Cam B. et al., Defendants and Respondents.
Orange County Social Services Agency, Petitioner,
v.
The Superior Court of Orange County, Respondent;
Hadley B. et al., Real Parties in Interest.

Nos. G037558, G037689.

Court of Appeal of California, Fourth District, Division Three.

February 26, 2007.
As Modified March 22, 2007.

Benjamin P. de Mayo, County Counsel, Dana J. Stits, Aurelio Torre and Jeannie *235 Su, Deputy County Counsel, for Plaintiff, Appellant, and Petitioner Orange County Social Services Agency.

Rich Pfeiffer, under appointment by the Court of Appeal, for the Minor, Appellant, and Real Party in Interest, Hadley B.

Roni Keller, under appointment by the Court of Appeal, for Defendant, Respondent, and Real Party in Interest Cam B.

Janette Freeman Cochran, under appointment by the Court of Appeal, Los Angeles, for Defendant, Respondent, and Real Party in Interest Dung D.

OPINION

ARONSON, Acting P.J.

Orange County Social Services Agency (SSA) and minor, Hadley B., appeal the juvenile court's order dismissing a dependency petition after refusing to allow an amendment to include evidence of incidents occurring outside Orange County. In a second dependency petition on behalf of the same minor, the juvenile court struck all allegations of acts outside Orange County and of those litigated in the first petition. SSA filed a petition for extraordinary relief from the rulings on the second petition.[1]

On the appeal, we find the juvenile court erred in dismissing the original dependency petition and reverse, directing the juvenile court to dismiss the second petition, accept amendments to the original petition, and conduct another jurisdictional hearing. We deny the petition for extraordinary relief as moot.

I

Facts

SSA detained fourteen-year-old Hadley B. in May 2006, after he ran away from his father during a family visit to Orange County. Both parents refused to pick Hadley up from the police station after officers located the boy. Mother would not accept responsibility for Hadley, deferring all parenting to father. Father told the officer "he wanted his son taken to juvenile hall."

Hadley is the oldest of four siblings. Five years earlier, SSA removed the youngest, Anthony, from the parents' custody due to general neglect. He was made a dependent of the juvenile court, and the parents participated in reunification services for approximately one year. At the same time, SSA substantiated allegations that Hadley and his two other siblings, Kevin and Lily, also were neglected by the parents and suffered emotional abuse inflicted by father. SSA left the children in the home, however, and provided family maintenance services for several months. The juvenile court terminated Anthony's dependency in March 2002 and father reassumed custody of all the children.

Father had moved the family from Orange County to Goleta in Santa Barbara County three months before Hadley's detention. Mother does not live with the family, but "comes and goes from the house...." The parents regularly engage in physical and verbal violence towards each other. SSA filed a dependency petition alleging neglect, failure to protect, abandonment, and sibling abuse. (Welf. & Inst.Code, § 300, subds. (b), (g) & (j); all statutory references are to the Welfare and Institutions Code unless otherwise specified.)

Pending the jurisdictional hearing, Judge Kirkwood released Hadley to father, and they returned to Goleta. In the interim, the conflicts between Hadley and father continued. Hadley was truant from *236 school and generally "not doing well at his father's home." He and father did not speak to each other, and Hadley wanted SSA to place him in foster care. The social worker tried to arrange counseling in Goleta, but father would not cooperate. The social worker learned that Hadley had been arrested in April 2006, after he assaulted mother and stole her wallet.

In July, Hadley told the social worker he had thoughts of hurting himself. The social worker alerted mental health services in Ventura County. After meeting with Hadley, a clinician placed him on a section 5150 hospital hold. Hadley told the mental health worker that his father continued to berate him and grew more hostile before each court date. He continued to fear father's temper. Neither the social worker nor the hospital case manager wanted to release the child to father and extended his hospitalization an additional 10 days. (§ 5250.)

SSA attempted to file an amended petition adding as an additional basis for jurisdiction that Hadley suffered from serious emotional damage "as a result of the conduct of the parent" and because he "has no parent or guardian capable of providing appropriate care." (§ 300, subd. (c).) The amended petition alleged the parents negligently refused to obtain treatment for Hadley's serious emotional problems, including the depression and suicidal ideations that resulted in his hospitalization, and for his ongoing aggressive behavior. SSA asked the juvenile court to detain Hadley from father's custody based on the amended petition.

On July 28, Judge Kirkwood denied SSA's request to amend the petition, finding that Orange County was not a convenient forum. "[T]he court is not ignoring any of the allegations that have been brought .... Clearly, when we have a 13- or 14-year-old boy that is expressing suicidal thoughts, that is of significant concern. This is a question of, what is the proper forum for this matter to be heard?[¶] ... [¶][T]he witnesses to the new information, the new allegations, would be all up in the other county—the doctors, the nurses. [Neither] Santa Barbara [n]or Ventura [has] detained the child, but the authorities have had a much better ability to assess the situation and risk, and to evaluate if there is an immediate and urgent risk. [¶] ... [¶][T]here is an ability for interested parties in this county to petition the agency in the Santa Barbara or Ventura counties[] to conduct an investigation in this matter, and then [to] petition the court if the investigation isn't conducted.... [T]here is a voice for concerned individuals in this county to have the matter addressed in the appropriate county."

At the hearing on the original petition (August 10), the court barred all parties from asking questions of the witnesses regarding Hadley's psychiatric hospitalization. "The child in this case was brought in because he ran away from home and at one point the father was refusing to come get the child. If things happened up in Santa Barbara, ... the agency and minor's counsel ... don't get to circumvent the rules and usurp the authority of the other agency and court just because you had a case here filed first. [¶] And that's what I was addressing when I refused to accept the first amended petition. I understand that minor's counsel feels very strongly that there is a risk to the child because of conduct that occurred up in Santa Barbara, and I made it clear then, and I want to make it clear now, that the court's not making any findings as it relates to the conduct in Santa Barbara. By excluding it in this case, the court's not making any findings that it didn't happen or that it wasn't serious. [¶] The court is simply saying that there's [sic ] social workers in *237 this case in Orange County, but there's [sic

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Cite This Page — Counsel Stack

Bluebook (online)
56 Cal. Rptr. 3d 234, 148 Cal. App. 4th 1041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hadley-b-calctapp-2007.