In Re Hirenia C.

18 Cal. App. 4th 504, 22 Cal. Rptr. 2d 443
CourtCalifornia Court of Appeal
DecidedAugust 31, 1993
DocketDocket Nos. A056944, A059717
StatusPublished
Cited by47 cases

This text of 18 Cal. App. 4th 504 (In Re Hirenia C.) 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 Hirenia C., 18 Cal. App. 4th 504, 22 Cal. Rptr. 2d 443 (Cal. Ct. App. 1993).

Opinion

18 Cal.App.4th 504 (1993)
22 Cal. Rptr.2d 443

In re HIRENIA C., a Person Coming Under Juvenile Court Law.
SONOMA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent,
v.
ROSALIE G. et al., Defendant; EMMANUELLE ROSE, Movant and Appellant;
DEPARTMENT OF SOCIAL SERVICES et al., Interveners and Respondents,
In re HIRENIA C., a Minor, on Habeas Corpus.

Docket Nos. A056944, A059717.

Court of Appeals of California, First District, Division Two.

August 31, 1993.

*509 COUNSEL

Rita Swenor, under appointment by the Court of Appeal, and Mat Swerling for Movant and Appellant in A056944 and for Petitioner in A059717.

No appearance for Plaintiff and Respondent in A056944.

Daniel E. Lungren, Attorney General, Stephanie Wald and Winifred Younge Smith, Deputy Attorneys General, for Interveners and Respondents in A056944 and for Respondent in A059717.

Donald W. Jenson for Interveners and Respondents in A056944.

Stephen Greenberg, under appointment by the Court of Appeal, for Minor.

*510 OPINION

PHELAN, J.

Appellant Emmanuelle Rose timely appeals from an order denying her standing to participate in juvenile court proceedings with respect to a minor child, Hirenia C., as to whom appellant claims to be both a "person having an interest in a ... dependent child," within the meaning of section 388 of the Welfare and Institutions Code,[1] and a de facto parent. (1) (See fn. 2.) We reverse and remand for an evidentiary hearing to determine the merits of appellant's petition for visitation rights.[2]

FACTUAL AND PROCEDURAL BACKGROUND

The following undisputed facts were before the juvenile court when it issued the order that is challenged in this appeal:

Hirenia C. was born on June 13, 1987, and placed approximately two weeks later in a foster care home which was shared by appellant and her "partner," Angela Ranaldi. Appellant herself is identified in court records as the person whose home was "found by this Court to be a fit and proper home" in which Hirenia could be and, in fact, was placed as of June 26, 1987.[3] Appellant and Ms. Ranaldi decided to pursue adoption of Hirenia, and — at the recommendation of a social worker — agreed that only Ms. Ranaldi's name would be used in proceedings to that end.

Hirenia was declared a dependent of the juvenile court in November 1987. In December 1987, appellant moved out of the home she had by that time shared with Hirenia and Ms. Ranaldi for over five months.[4] However, from January 1988 through March 1991 — a period of more than three years — appellant continued to have frequent and continuous contact with Hirenia. *511 More specifically, appellant took care of Hirenia in her own residence approximately 130 days out of each year, from Friday evenings through Monday evenings on alternate weekends (for a total of approximately 78 days per year), plus an average of 1 additional weekday each week (approximately 52 days per year). With this ongoing contact, Hirenia came to know appellant as her "Mama."[5]

Hirenia's relationship with her biological parents, Rosalie G. and Jose C., was the subject of protracted dependency proceedings. Although the juvenile court established a permanent plan of adoption in April 1989, the culmination of the dependency proceedings did not come until March 1991, when the parental rights of Hirenia's father were terminated by default. The parental rights of Hirenia's mother were terminated after a trial on April 26, 1991.

In March 1991, Ms. Ranaldi began to limit appellant's access to Hirenia, allowing her only one evening visit per week in Ms. Ranaldi's home. On July 18, 1991, for reasons that do not appear in the record, Ms. Ranaldi cut off all contact between appellant and Hirenia.

Shortly thereafter, appellant began to search for legal recourse that would allow her to continue her relationship with Hirenia. She contacted the adoption social worker, who "initially expressed concern and interest over what had happened, but then eventually turned a `deaf ear' to [her] complaints." In September 1991, appellant filed guardianship and adoption petitions in Sonoma County Superior Court.[6] Finally, on November 25, 1991, appellant appeared at a review hearing and filed the "Petition for Visitation Rights (W&I 362) and For Appointment of Attorney (W&I 317)," which is the subject of this appeal. Apparently in response to this petition, the juvenile court appointed counsel for Hirenia on November 25, 1991.

The juvenile court held a preliminary hearing on appellant's petition on January 14, 1992. At that hearing, both appellant's and Hirenia's counsel argued strenuously for a full-blown evidentiary proceeding to test appellant's assertions that she is a de facto parent, and that visitation by appellant would be in the best interests of Hirenia. Both Ms. Ranaldi and respondent state Department of Social Services (hereafter the department) vigorously *512 opposed the petition. However, neither Ms. Ranaldi nor the department presented any documentary or testimonial evidence to dispute appellant's factual assertions.[7] The juvenile court rejected appellant's and Hirenia's arguments and ruled, as a matter of law, that appellant did not have standing to bring the petition for visitation rights either as a de facto parent or as a "person having an interest ... in a dependent child." The court further ruled that it would not be in Hirenia's best interests to entertain appellant's request for visitation. This appeal followed.

DISCUSSION

A. Appellant Has Standing to Bring a Petition for Visitation With Hirenia.

(2a) Appellant first argues that the juvenile court erred in concluding that she lacked standing to bring her petition for visitation rights. (3) We agree with counsel for Hirenia that the ruling below was analogous to an order sustaining a demurrer without leave to amend. Accordingly, for purposes of review, we must assume that the allegations of fact in the petition are true and independently determine whether they were sufficient to support a finding of "standing" for appellant under any legal theory. (See Cellular Plus, Inc. v. Superior Court (1993) 14 Cal. App.4th 1224, 1231-1232 [18 Cal. Rptr.2d 308].)

In the proceedings below, appellant cited three statutes as authorizing her petition: sections 362, 385, and 388. Respondent concedes that section 362 gives the juvenile court "the authority to order visitation with whomever it believes a dependent minor should see." Similarly, section 385 gives the juvenile court continuing jurisdiction to modify its dependency orders sua sponte. Section 388 authorizes "[a]ny parent or other person having an interest in a child who is a dependent child of the juvenile court" to bring a petition to "change, modify, or set aside any order of court previously made." Appellant relies primarily on section 388 for purposes of this appeal.

(2b) The department contends that none of these statutes requires the court to entertain appellant's request for visitation. The department first argues that appellant's petition was not one seeking to "change, modify, or set aside" an existing order, but rather one seeking new relief. We disagree. The petition sought to modify the permanent plan by expressly recognizing appellant's and Hirenia's interest in regular visitation with one another, an arrangement they had enjoyed until Ms. Ranaldi saw fit to exclude appellant from contact with the child.

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Cite This Page — Counsel Stack

Bluebook (online)
18 Cal. App. 4th 504, 22 Cal. Rptr. 2d 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-hirenia-c-calctapp-1993.