In re Isabella M. CA2/2

CourtCalifornia Court of Appeal
DecidedOctober 16, 2024
DocketB330514
StatusUnpublished

This text of In re Isabella M. CA2/2 (In re Isabella M. CA2/2) 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 Isabella M. CA2/2, (Cal. Ct. App. 2024).

Opinion

Filed 10/16/24 In re Isabella M. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re ISABELLA M., a Person B330514 Coming Under the Juvenile (Los Angeles County Court Law. Super. Ct. No. 22CCJP00327)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

AMANDA K.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lucia J. Murillo, Juvenile Court Referee. Affirmed Donna P. Chirco, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent.

******

Amanda K. (mother) appeals from an order terminating her reunification services with her child Isabella M. at a 12-month status review hearing pursuant to Welfare and Institutions Code section 366.21.1 As substantial evidence supports the juvenile court’s order, we affirm.

COMBINED FACTUAL AND PROCEDURAL HISTORY Mother has two children, Isabella M. (born April 2014) and her half sibling Jason N., Jr. (born November 2020).2 Jason N., Jr.’s father is Jason N. (father). Isabella’s father, Charlie M., is not a party to this appeal. Referral and initial investigation On January 23, 2022, the Los Angeles County Department of Children and Family Services (DCFS) received a call alleging Isabella and Jason were in an unsafe situation, living in a tent in a homeless encampment on a median on a busy street in Venice,

1 All further statutory references are to the Welfare and Institutions Code unless otherwise indicated. 2 Jason is not a subject of this appeal and will be mentioned only as necessary.

2 California. A service provider tried to arrange services for mother and the children. Mother refused assistance, including food and motel vouchers, and reacted aggressively towards the outreach provider, causing the service worker concern about the children, who appeared dirty and malnourished. Mother was observed to have left the children outside the tent, unsupervised. Two other people in the camp reported mother left the two children unattended “all the time.” In a second call to the DCFS hotline, the caller provided more information, including that mother and the children were from New York and recently arrived in California. Mother claimed to have left New York because she was not getting along with maternal grandmother (MGM) and due to domestic violence with father. Mother stated there was a protective order in place in New York. A DCFS social worker made contact with mother at the encampment on January 23, 2022. There were approximately 20 tents on a median with lanes of traffic on either side. Mother insisted she was not homeless and that she had friends and family in the area, but could not provide any contact information. Mother became agitated and belligerent when the accompanying Los Angeles Police Department officer pointed out that Isabella was barefoot in the cold weather. Mother claimed to be having issues with father, including him being mentally abusive and a drug dealer. She said there was a restraining order against him and an upcoming custody hearing in New York. Mother admitted she had been diagnosed with “Bi-Polar Schizo affected” but provided varying answers to whether she was taking medication. Mother admitted using marijuana but was unclear when she had last used the drug.

3 Jason was in a wet, dirty onesie without a diaper asleep in a stroller. His arms and legs were streaked with dirt and covered with sand. Isabella was also very dirty and unkempt and could not tell the social worker when she last had a bath. Isabella confirmed mother would leave her alone in the tent in charge of the baby. Isabella reported Jason’s “daddy” was a bad man who used drugs. Mother stated father raped her in New York. Though she was uncertain he was Jason’s father, she was hesitant to ask for a paternity test as she believed father knew people who could manipulate the results of such a test. Mother reported father was a drug addict and dealer and was “organized gang stalking” her. Mother added there had been involvement with child protective services (CPS) in New York but did not provide specifics. Mother admitted having been addicted to oxycodone following a car accident in the past. She completed a 30-day rehabilitation program, following an eight-day hospitalization, and occasionally used marijuana and alcohol. The officers transported mother and the children to the police station, expressing concern about the children being in the dangerous encampment. When mother was informed the children would be detained, she became angry and telephoned MGM, yelling that MGM had to come to California to get the kids. The social worker spoke with MGM, who informed her that mother had been planning to relocate to California, and there was trouble with father, who had visitation. MGM confirmed mother had a history of mental health issues and was previously addicted to oxycodone, due to the fault of mother’s doctors. MGM was uncertain if there was a CPS history in New York.

4 Petition and detention On January 25, 2022, DCFS filed a section 300 petition on behalf of the children, containing allegations of mother’s neglect, failure to supervise the children and mental health issues. A first amended section 300 petition was later filed, which added counts regarding father’s substance abuse and mother’s failure to protect the children. In a last minute information for the court filed on January 28, 2022, DCFS reported a conversation between a local social worker and a Sullivan County New York CPS social worker, Jenesis Matos, on January 26, 2022. Matos reported the family had an open referral in New York but no court filing. There was a current family law proceeding pending, and father had monitored visitation with the children. Mother had a history of mental health issues, psychiatric hospitalizations, prescription drug abuse, and leaving the children unsupervised. Mother once told the authorities after leaving the children home alone that the pit bull dogs would guard them. Mother had previously lost custody of Isabella due to mental health issues and was not medication compliant. Mother had taken Isabella out of school without notice to the school, and when social worker Matos reached mother, mother told her they were on vacation in Los Angeles. A second last minute information for the court filed on January 28, 2022, indicated father had contacted DCFS on January 25, 2022, and acknowledged having monitored visits twice per week. Father stated mother took the children out of New York without his permission. Mother had been leaving the children with him for days at a time despite her request for a restraining order. Father claimed mother’s allegations in the

5 restraining order were untrue. He denied being part of a gang or dealing drugs. Father confirmed mother’s mental illness, recent hospitalizations and prior loss of custody of Isabella. Father reported mother had picked up the children from his home on January 8, 2022, and was screaming in the streets that father was a drug dealer. Afterwards, mother got in a serious car accident with the children in the car. Mother’s driver’s license was suspended because she did not have insurance. Mother then went to a friend’s home and rented a U- Haul. Father believed mother then left for California.

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Related

In Re Jason L.
222 Cal. App. 3d 1206 (California Court of Appeal, 1990)
David B. v. Superior Court
20 Cal. Rptr. 3d 336 (California Court of Appeal, 2004)
James B. v. Superior Court
35 Cal. App. 4th 1014 (California Court of Appeal, 1995)

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Bluebook (online)
In re Isabella M. CA2/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-isabella-m-ca22-calctapp-2024.