In re M.C. CA2/2

CourtCalifornia Court of Appeal
DecidedJuly 27, 2021
DocketB308304
StatusUnpublished

This text of In re M.C. CA2/2 (In re M.C. 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 M.C. CA2/2, (Cal. Ct. App. 2021).

Opinion

Filed 7/27/21 In re M.C. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 M.C., a Person Coming B308304 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 20CCJP04228A)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Appellant,

v.

C.J.,

Defendant and Appellant.

APPEALS from findings and orders of the Superior Court of Los Angeles County, Marguerite D. Downing, Judge. Affirmed. Patricia K. Saucier, under appointment by the Court of Appeal, for Defendant and Appellant.

Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Navid Nakhjavani, Principal Deputy County Counsel, for Plaintiff and Appellant. ______________________________

On October 14, 2020, the juvenile court sustained a juvenile dependency petition under Welfare and Institutions Code section 300;1 declared M.C. (minor, born 2009) a dependent of the court; and removed minor from the custody of his mother, defendant and appellant C.J. (mother). The court declined the request of plaintiff and appellant Los Angeles County Department of Children and Family Services (DCFS) to terminate the court’s jurisdiction and, instead, ordered reunification services for mother. On appeal, mother contends that substantial evidence did not support the jurisdictional findings or the removal order. In its cross-appeal, DCFS argues that the juvenile court erred by retaining jurisdiction. We affirm.

1 All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

2 BACKGROUND I. The Family Mother and G.C. (father) are minor’s parents.2 Mother and father separated when mother was pregnant with minor. At the outset of these dependency proceedings, mother had sole physical custody of minor and shared legal custody with father. Father had visitation with minor every other weekend. II. Referral On July 15, 2020, DCFS received a referral alleging that, over the past year, mother had been hearing voices telling her to do bad things. Mother was in the beginning stages of psychosis, but she refused to take her medication or follow up with her psychiatrist. III. Initial Investigation A. Interviews with mother In response to the referral, a DCFS social worker made an unannounced visit to mother’s home in mid-July 2020. No safety threats were observed, and there appeared to be plenty of food. Mother reported that minor had a mild intellectual disability and was receiving services from the regional center. She explained that she would ask a lot of questions of minor after he returned from visiting father because she wanted to ensure that he was not brainwashed. Three years earlier, mother had started to hear voices caused by someone putting a “‘spell’” on her after she got a “‘spiritual cleansing[.]’” The frequency of the voices had progressed over time and had been more constant and persistent over the past year. The voices told mother to do “‘bad things’” and that she was going to die. Mother denied that she would

2 Father is not a party to this appeal.

3 follow the voices telling her to kill herself. She also denied that the voices ever told her to hurt minor. Mother claimed that the voices had stopped about a month and a half before, after mother “distanced herself from negative people and maternal relatives.” Mother reported that she had voluntarily admitted herself for psychiatric holds two times since December 2019. On both occasions, she had been discharged after one day because “she did not have anything . . . .” During the first hospitalization, the psychiatrist recommended counseling, but mother did not follow through because it was voluntary, she did not need it, and she learned not to listen to the voices. Mother was prescribed medication but only took it for a week because of the side effects. During the second hospitalization, mother was diagnosed with psychosis. When she was interviewed a second time at the end of July 2020, mother stated that she wanted her primary doctor to inform DCFS that she could not take psychotropic medication or obtain any form of mental health services unless approved by the doctor. B. Interview with minor Minor was also interviewed during the home visit in mid- July 2020. The social worker did not observe visible marks or bruises on minor, who appeared healthy. Minor reported having a good relationship with both mother and father but stated that he was closer to mother. He did not have permission to visit his maternal relatives, and mother did not want him to talk to his aunts. When asked if mother ever interrogated him to the point that he was uncomfortable, minor replied, “‘well, when I go to my

4 dad’s house and I come home she does ask a lot of questions. It’s because she wants me to be safe when I go with my dad and wants me to be okay. . . .’” Minor did not like it when father said bad things about mother. Minor had heard mother and his maternal aunts talking about mother hearing voices. Minor denied that mother would ever try to hurt herself and denied that mother had ever hurt him. Throughout the interview, minor “expressed being worried about mother because of how other people treat her and appeared protective of mother.” Minor stated, “‘I love my mom and I don’t want anyone to hurt her[.]’” C. Interviews with other family members The social worker interviewed various family members, including father, maternal aunts, and grandparents. These interviews disclosed that mother heard voices telling her to hurt herself and others. Mother also suffered from paranoia and panic attacks. Despite numerous hospitalizations and a psychosis diagnosis, mother refused to get treatment for her mental illness. Mother had recently cut off all contact between minor and his maternal relatives. According to a maternal aunt, mother had paid a “‘curandero-spiritual guide’” to perform witchcraft on father. The bad things mother wished upon father did not happen, so mother tried unsuccessfully to get a refund. The man refused and mother believed that he had put a spell on her, causing her to hear voices. Another maternal aunt reported that mother’s behavior and panic attacks caused minor to suffer nervous breakdowns. On one occasion, minor “started to cry and sat on the floor in [a] fetal position rocking back and forth.”

5 Father believed that mother did not want him to be alive. Three or four years earlier, mother had shown father a gun that she had recently purchased. According to father, minor had been acting differently lately. When father asked him how things were at home, minor would shut down and cry. Minor had stopped sharing anything about mother’s behavior at home, whereas he had previously talked openly about it. Minor’s paternal grandmother stated that the last time she saw minor—about three weeks earlier—he had been acting weird and did not seem to be himself. He appeared quiet and distant. Minor had not been able to sleep and asked the paternal grandmother to hold his hand and hug him so that he could go to sleep. This was not his normal behavior. IV. Removal Order On August 7, 2020, DCFS sought and was granted an order authorizing the removal of minor from mother’s custody. When the social worker tried to serve mother the order, mother became upset and started to scream. The order was eventually served with the assistance of law enforcement.

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Bluebook (online)
In re M.C. CA2/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mc-ca22-calctapp-2021.