In Re Joshua M.

56 Cal. App. 4th 801, 65 Cal. Rptr. 2d 748
CourtCalifornia Court of Appeal
DecidedJuly 22, 1997
DocketH015979
StatusPublished
Cited by12 cases

This text of 56 Cal. App. 4th 801 (In Re Joshua M.) 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 Joshua M., 56 Cal. App. 4th 801, 65 Cal. Rptr. 2d 748 (Cal. Ct. App. 1997).

Opinion

56 Cal.App.4th 801 (1997)

In re JOSHUA M., a Person Coming Under the Juvenile Court Law.
SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN'S SERVICES, Plaintiff and Respondent,
v.
JENNIFER M., Defendant and Appellant.

Docket No. H015979.

Court of Appeals of California, Sixth District.

July 22, 1997.

*803 COUNSEL

Christine Cleary, under appointment by the Court of Appeal, for Defendant and Appellant.

Steven M. Woodside, County Counsel, and Susan S. Ware, Deputy County Counsel, for Plaintiff and Respondent.

Catherine Campbell, under appointment by the Court of Appeal, for Minor.

OPINION

BAMATTRE-MANOUKIAN, J.

The mother in this dependency proceeding appeals from orders terminating both parents' parental rights. She argues that the father's attorney was ineffective in his representation and that she was prejudiced thereby. We reject these claims and affirm the orders.

BACKGROUND

Joshua M. was born December 19, 1992, to Jennifer M., an unmarried teenage mother. He was small at birth and gained weight very slowly during his first year of life, prompting concerns whether he was getting sufficient nourishment. A referral was made to the department of family and children's services (the Department) in April of 1993 and several months thereafter Joshua and his mother began receiving voluntary services from the Department.

The social worker assigned to assist Joshua and his mother found the mother's care to be "unsatisfactory." The mother had difficulty maintaining a regular feeding schedule and feeding Joshua nutritionally appropriate foods. She would become angry and resentful when she had to attend to her child's needs. Joshua was often ill during his first year, with colds, infections, vomiting and intestinal problems. Furthermore, the mother was unable to provide a stable home environment, moving repeatedly before settling *804 down in the home of Inez T., the mother of one of her friends, shortly before Joshua's first birthday.

On December 27, 1993, the Department filed a petition on Joshua's behalf, under Welfare and Institutions Code section 300, subdivision (b)[1] (failure to protect and to provide regular care). Various reports indicated that Joshua was undersized and developmentally delayed. Although the mother had shown some positive changes since moving in with Inez T., the social worker was concerned that the mother did not show good judgment, often left her child alone, was found to possess marijuana, and one time took her child to Mexico without sufficient provisions for him.

The petition, as amended, alleged that the services provided since April of 1993 were not effective, that the child was diagnosed as medically fragile, with a failure to thrive, that the mother's parenting had been erratic, that she often responded to the child's needs with anger and resentment, that the minor was not being appropriately nourished and that the mother was not cooperating with the public health nurse and medical personnel. The petition did not mention the father except to state that his address was "Avenal State Prison."

The petition was sustained March 15, 1994, and Joshua was permitted to remain with his mother so long as the mother continued to reside in the home of Inez T. Family maintenance services were ordered for the mother. Blood tests were ordered to determine the paternity of the alleged father, Thomas M. Thomas M. had been transported from prison and was present at the jurisdictional hearing with his attorney.

On March 29, 1994, only two weeks later, a supplemental petition was filed alleging that the family maintenance plan had not been effective in protecting Joshua. The mother had removed him from the home, in violation of the court's orders, and at a time when he was suffering from diarrhea and scabies, causing a great risk of harm to his physical health. Further, the mother left Joshua in the care of a 16-year-old babysitter, with no instructions for his care, and failed to return for more than 24 hours, without letting anyone know of her whereabouts. The supplemental petition, as amended, further alleged that the mother suffered from multiple mental disabilities which prevented her from adequately caring for her child. Joshua was detained on March 31, 1994, and was placed in protective custody at an emergency shelter.

On August 4, 1994, the supplemental petition was sustained after a brief trial and the court ordered that Joshua be continued in protective custody. *805 Reunification services were ordered for the mother, in the form of a parenting program, psychological therapy, an evaluation for medication, and vocational training. Visitation was ordered for two hours a week. In the same proceedings, the court found that Thomas was Joshua's father and an interim hearing was set for 90 days to consider reunification services for him.

At the interim hearing November 1, 1994, the social worker submitted a report documenting her efforts to determine what services were available to the father in prison. She reported the father's release date would be prolonged because of disciplinary action and that he would be transferred to another facility. There were no parenting classes or other appropriate services available at the prison, although the father was attending school and vocational classes. Because the prison was not located in the community where Joshua lived, the social worker felt that visits would be very difficult to arrange and would not be in Joshua's best interest. She recommended that the father incur no further disciplinary action in prison and that upon his release he complete a parenting class, obtain suitable housing and have supervised visitation twice a week. These recommendations were adopted by the court.

While in prison the father wrote to the social worker requesting that Joshua be placed with his mother. The social worker responded by initiating a home study of the paternal grandmother's home in Los Banos.

At the six-month review hearing on March 1, 1995, it was reported that Joshua's growth was still slow. A nasogastric tube was inserted for nighttime feedings to raise his caloric intake. He was moved to a temporary foster home where the foster mother was a nurse. The social worker reported that she received a positive report regarding the paternal grandmother's home. However, the report recommended that the grandmother visit Joshua a few times before any decision was made. The social worker tried to arrange this but the grandmother declined several attempts by the social worker to arrange visits with Joshua. The social worker concluded that the grandmother was not very interested in taking Joshua into her home. The social worker continued to search for suitable placement for Joshua. She speculated, however, that perhaps "due to Joshua's special needs that not many foster parents are willing to take the challenge."

Meanwhile, the father had been moved to Mule Creek prison. As to the mother, she had moved again and was difficult to get in touch with. She visited with Joshua, but her attendance was poor and concerns were expressed about the quality of the visits. She had not enrolled in any court ordered programs by the end of 1994. In sum, there had been only "minimal *806 compliance" with the case plan. The court continued reunification orders for both parents and set a 12-month review for July 26, 1995.

The father was released from prison in April of 1995.

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Bluebook (online)
56 Cal. App. 4th 801, 65 Cal. Rptr. 2d 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-joshua-m-calctapp-1997.