In re Jonas S. CA2/3

CourtCalifornia Court of Appeal
DecidedMarch 3, 2016
DocketB264569
StatusUnpublished

This text of In re Jonas S. CA2/3 (In re Jonas S. CA2/3) 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 Jonas S. CA2/3, (Cal. Ct. App. 2016).

Opinion

Filed 3/3/16 In re Jonas S. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re JONAS S., et al., Persons Coming B264569 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK07888) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JENNIFER P.,

Defendant and Appellant.

APPEAL from a judgment and orders of the Superior Court of Los Angeles County, Julie Fox Blackshaw, Judge. Affirmed.

Neale B. Gold for Defendant and Appellant.

Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Julia Roberson, Associate County Counsel, for Plaintiff and Respondent. _____________________ INTRODUCTION Mother Jennifer P. appeals the juvenile court’s judgment finding jurisdiction over her son, one-year-old Jonas S., pursuant to Welfare and Institutions Code section1 300, subdivisions (b) and (j), and dispositional and removal orders. We affirm jurisdiction and the disposition orders because substantial evidence produced by the Department of Children and Family Services (DCFS) supports the court’s finding that Jonas was at risk of substantial physical harm due to Mother’s on-going mental health issues. We also conclude that the court did not abuse its discretion in ordering Mother to engage in additional parenting classes. Lastly, we conclude that Mother’s appeal is moot as to Mother’s contentions regarding the removal order and visitation orders. FACTS AND PROCEDURAL BACKGROUND 1. Prior History with DCFS Mother has a long history of mental health problems, with diagnoses of depression, Narcissistic Personality Disorder, Histrionic Personality Disorder, and Bipolar Disorder dating back to her teenage years. She was hospitalized over six times since she was thirteen years old due to suicidal ideations and being a danger to herself and, on one occasion, a danger to others. Mother has three older children: 12-year-old Ethan, 11-year-old Maddox, and nine-year-old S. Mother initially came to the attention of child welfare services in San Diego County at the end of 2006 and beginning of 2007, when she was in conflict with her then-husband, the father of Maddox and S. (Ethan’s step-father). That conflict, which appears to have been based on allegations that the husband was physically abusive and adulterous, precipitated Mother’s multiple incidents of suicidal ideation. Specifically, child welfare services received a referral alleging that Mother was hospitalized in San Francisco for suicidal ideation and because she had threatened to take a blow dryer and curling iron into the bathtub to electrocute herself. Mother admitted to child welfare services that she had been hospitalized for two days in March 2007 after getting into a

1 All subsequent statutory references are to the Welfare and Institutions Code.

2 fight with her husband, but denied being presently suicidal or threatening to electrocute herself. At that point in time, Mother was living in San Diego with Ethan, and her husband remained in the Bay Area with Maddox and S. In May 2007, child welfare services in San Diego County received another referral alleging that Mother had taken two Vicodin pills and said she was going to kill herself. A butcher knife was found near the door and a bottle of pills were found in the same room as Ethan when law enforcement arrived at Mother’s home. Mother was taken to the hospital to be evaluated. Mother admitted that she had taken the two Vicodin pills and that she told her cousin that she wanted to commit suicide in an effort to get the maternal grandfather’s attention so that he would help her move out of her apartment. In addition, around this time, Mother also threatened to stab her husband in his sleep. When police made contact with Mother in regards to this threat, she was completely irrational, would not follow directions, and had to be physically restrained. The juvenile court detained and found jurisdiction over Ethan pursuant to section 300, subdivision (b), based on Mother’s unresolved mental health issues and Mother’s threat against her then-husband. The court ordered Mother to undergo a mental health assessment and complete mental health counseling and parenting classes. Mother avoided the evaluation, and resisted mental health services, asserting that she did not need assistance. Mother eventually submitted to the evaluation, which determined that Mother had both depressive disorder (NOS, in remission) and personality disorder (NOS, narcissistic and histrionic features present). Mother subsequently failed to reunify with Ethan due to her resistance to obtaining help for her mental health issues, and the maternal grandfather became Ethan’s legal guardian in November 2008. 2. Mother’s DCFS Case Involving Jonas Mother gave birth to Jonas in 2013; his father is unknown. Mother and Jonas came to the attention of DCFS on October 13, 2014, after Mother was involuntarily hospitalized under section 5150. Police had received a call from Mother’s friend stating that Mother told the friend via Facebook that she planned to kill herself by ingesting pills. When contacted by law enforcement, Mother stated that she was upset because her

3 grandmother just passed away and admitted that she had thoughts of killing herself by taking pills. Mother also admitted that she had a history of mental health problems and that she had lost custody of her oldest son due to depression. Mother acknowledged previously being prescribed medications for depression but claimed she did not need them anymore. Medical personnel decided to place Mother on a section 5150 hold and Mother was hospitalized. Subsequently, Mother denied that she said she wanted to kill herself and insisted that it was all a misunderstanding. On October 16, 2014, DCFS filed a section 300 petition with the juvenile court, seeking to detain Jonas from Mother due to her unresolved mental health issues and previous dependency case involving those same issues. That same day, the juvenile court detained Jonas from Mother and ordered monitored visitation for her. During visitation, Mother was highly inappropriate and hostile toward the foster mother and social workers, saying things like “ ‘You’re telling me to kiss your ass.’ ” Mother became irritated and irrational, often focusing on the social workers or foster parents rather than focusing on Jonas during the visits. It was difficult to calm Mother down during visitation and her hostility seemed to worsen as visits progressed. On one occasion, Mother tossed toys around the visitation room, and on another, she threw a cup near Jonas’s head when upset. Mother also self-reported that she was not taking medication. Mother was observed taking pictures of the foster parent’s and the social worker’s vehicles without permission. Mother attempted to videotape visits and surreptitiously record the foster mother dropping Jonas off at visits. Mother also accosted a man at the office where the visits took place, demanding to know if he was the foster mother’s husband, and refused to stop harassing the man when he said he was not her husband. During one visit, Mother refused to leave the visitation office and tried to stare down the office director by standing in the office director’s doorway and refusing to move. Mother told the foster mother that she did not want the foster mother to have contact with Jonas, and became upset at the foster mother for smiling at Jonas or for not smiling at him on other occasions.

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Bluebook (online)
In re Jonas S. CA2/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jonas-s-ca23-calctapp-2016.