In re Mia S. CA4/1

California Court of Appeal

In re Mia S. CA4/1

DecidedAugust 21, 2015

DocketD067727

StatusUnpublished

This text of In re Mia S. CA4/1 (In re Mia S. CA4/1) 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 Mia S. CA4/1, (Cal. Ct. App. 2015).

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Opinion

Filed 8/21/15 In re Mia S. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re MIA S. et al., Persons Coming Under the Juvenile Court Law. D067727 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J518660A-C) Plaintiff and Respondent,

v.

CRYSTAL S.,

Defendant and Appellant.

APPEAL from findings and orders of the Superior Court of San Diego County,

Kimberlee A. Lagotta, Judge. Affirmed.

Suzanne Davidson, under appointment by the Court of Appeal, for Defendant and

Appellant.

Thomas E. Montgomery, County Counsel, John E. Philips, Chief Deputy County

Counsel, and Emily K. Harlan, Deputy County Counsel, for Plaintiff and Respondent. Crystal S. appeals orders terminating parental rights to her children, Mia S., Angel

S., and Christopher S., under Welfare and Institutions Code section 366.26.1 She argues

the juvenile court erred when it determined the beneficial parent/child relationship and

sibling bond exceptions did not apply and terminated parental rights. We affirm the

findings and orders.

FACTUAL AND PROCEDURAL BACKGROUND

Crystal is the mother of Mia, Angel and Christopher (collectively, the children),

who are now ages nine, seven and six years old, respectively. In April 2013, the juvenile

court took jurisdiction over the children and their two younger half siblings.2 (§ 300,

subd. (b).) The children had suffered or were at substantial risk of suffering serious

physical harm as a result of serious, ongoing domestic violence, and substance abuse.

Mia, who was then six years old, said she was often sad, scared and hungry at home.

When the social worker asked five-year-old Angel about his home conditions, Angel

repeatedly punched his fists into the air to show how his stepfather hit his mother. He

also demonstrated how his stepfather used intravenous drugs by tapping his vein and

pretending to insert a needle into his arm. Mia said her stepfather hit the children with a

hanger and a belt, and her mother could not stop him.

The San Diego County Health and Human Services Agency (Agency) placed Mia,

Angel and Christopher together in foster care. The children appeared to be traumatized.

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

2 The juvenile court terminated parental rights to Crystal's two youngest children in June 2014, and the children were adopted by their paternal aunt and uncle. (In re E.D. (Dec. 30, 2014, D066187) [nonpub. opn.].)

2 They often hit each other and the foster parents. The children did not appear to have any

rules, manners, stability or structure. Angel could be violent. Mia was parentified. She

described caring for her baby sister when her mother would not wake up.

Crystal's case plan required her to complete a domestic violence treatment

program, participate in counseling and complete a parenting education course. Crystal

was chronically late for visits with her children, scheduled appointments and services.

She resumed her relationship with the children's stepfather despite a restraining order.

The social worker reported that Crystal was offered visitation with Mia, Angel and

Christopher twice a week. The children were happy to see her. They loved her and

enjoyed the visits. Crystal tried to spend time with each child. She was patient and

loving but did not know how to redirect and discipline the children. Crystal tried to give

each child special attention. However, Crystal missed visits and was late to most visits.

This pattern traumatized the children, who reacted by hitting and kicking the foster

parents. The foster mother said she wished Crystal realized how sad it was for the

children when Crystal was late for visits or did not show up.

In November 2013, the social worker spoke to Crystal about making a consistent

effort to visit the children regularly and arrive promptly. All three children hoped to

return home. In an effort to provide more consistent visitation, the social worker made a

referral to a visitation center. However, after unsuccessfully telephoning the center once,

Crystal did not follow through and visits were not set up at the center until February

2014.

3 Crystal did not comply with the social worker's instructions concerning visitation.

On Christmas Day 2013, the foster mother and the children arrived early for a visit.

Crystal arrived with Angel's alleged father, Jerry G. The social worker had instructed the

foster mother that Crystal was not to bring anyone with her to visits and if Jerry wanted

to see Angel, he needed to first speak to the social worker. Crystal and Jerry walked

towards the foster mother's car carrying presents. To avoid any problems, the foster

mother drove away with the children. Crystal yelled and called the foster mother a

"bitch."

After that incident, Angel's behaviors deteriorated. He hit his best friend and his

foster parents in the face. He kicked his foster parents, pulled their hair and threw

objects. He said he wanted to kill someone and started to cut up his new clothing and to

break toys. In February 2014, after Angel began to scratch and hit Mia and Christopher,

the Agency placed him in a foster home where he could receive one-on-one care and

intensive behavioral services.

When Angel left, Mia said she was sad but it was for the best because he was

hurting her and the other children. Christopher, who had been doing well, regressed,

mimicking Angel's aggressive behaviors. The Agency reinstated Christopher's

behavioral therapy. The children continued to have a lot of contact with each other. Mia

and Angel attended the same school and the foster care parents used each other for respite

care for the children.

At the 12-month status review hearing, the social worker recommended the court

terminate services and set a section 366.26 hearing. The social worker reported visitation

4 continued to be supervised because Crystal did not comply with her services and lacked

parenting skills. The foster mother showed her how to calm the children. After visits, all

three children displayed behavioral problems. The social worker reported that Crystal

had visited the children approximately six times at the visitation center. She arrived on

time to the visits and brought food and drinks. She was affectionate with the children,

and they with her. Crystal was able to redirect the children when they had tantrums. She

missed two visits, one in March and one in April.

When Mia and Christopher's foster mother offered to facilitate additional visits,

Crystal was not cooperative. When visits were scheduled, Crystal showed up late or

stayed for only 30 minutes. On March 26, she did not show up or call to cancel a

scheduled visit. In April, Crystal attended church services with Angel and his foster care

family. She promised Angel she would come to church every week with him. Crystal

did not keep her promise. Angel was very upset about the broken promise. He hit and

kicked his foster mother.

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