In re M.M. CA4/2

CourtCalifornia Court of Appeal
DecidedMay 24, 2023
DocketE080117
StatusUnpublished

This text of In re M.M. CA4/2 (In re M.M. CA4/2) 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.M. CA4/2, (Cal. Ct. App. 2023).

Opinion

Filed 5/24/23 In re M.M. CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re M.M. et al., Persons Coming Under the Juvenile Court Law.

SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES, E080117

Plaintiff and Respondent, (Super. Ct. Nos. J290909, J290910) v. OPINION A.J. et al.,

Defendants and Appellants.

APPEAL from the Superior Court of San Bernardino County. Steven Mapes,

Judge. Affirmed.

William D. Caldwell, under appointment by the Court of Appeal, for Defendant

and Appellant A.J.

Diana W. Prince, under appointment by the Court of Appeal, for Defendant and

Appellant N.M.

1 Thomas Bunton, County Counsel, and Pamela J. Walls, Special Counsel, for

Plaintiff and Respondent.

I.

INTRODUCTION 1 A.J. (Mother) is the biological mother of 11-year-old S.K. and eight-year-old 2 M.M. N.M. (Father) is the biological father of M.M. and 14-year-old J.M. The parents

came to the attention of the San Bernardino County Children and Family Services (CFS)

due to severe neglect and physical abuse of the children. The juvenile court bypassed

reunification services for the parents, and Mother filed a petition to modify the order 3 pursuant to Welfare and Institutions Code section 388 and Father orally requested

modification of the order denying services. The juvenile court denied the parents’

requests, found no exceptions to adoption, and terminated parental rights as to S.K. and

M.M. On appeal, the parents argue the juvenile court erred in summarily denying their

section 388 requests. Mother also argues, with Father joining, that the court erred by not

applying the beneficial parent-child relationship exception (§ 366.26, subd. (c)(1)(B)(i))

to adoption. We reject these contentions and affirm the judgment.

1 The whereabouts of S.K.’s biological father are unknown, and he is not a party to this appeal. 2 J.M.’s biological mother is deceased, and he is not a subject of this appeal. 3 All future statutory references are to the Welfare and Institutions Code unless otherwise stated.

2 II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Prior Child Welfare History

The family is known to CFS. In January 2008, a petition alleging physical abuse 4 was filed on behalf of Father’s child S.L. Father was found to be S.L.’s biological father

only and not entitled to reunification services. In March 2009, CFS received a referral

concerning J.M. At his birth, J.M. was high risk for SIDS and was prescribed a breathing

monitor. However, Father and J.M.’s mother failed to pick up the monitor, despite the

fact that J.M.’s biological mother had a previous child who had passed away two months

after birth from SIDS. While on a family maintenance plan, J.M. was taken to the

hospital with respiratory distress due to second hand inhalation of his parent’s cigarette

smoke. J.M. was removed and placed in foster care. About a year later, in May 2010,

J.M. was returned to his biological mother as Father did not participate in services.

Custody of J.M. was later granted to Father after his biological mother died from an

overdose. Between 2011 and 2019, CFS received numerous referrals with allegations of

physical abuse and neglect of J.M. by Mother and Father. These referrals were closed as

unfounded or inconclusive.

B. Current Dependency

The family again came to the attention of CFS in September 2021 after it received

a referral alleging multiple instances of physical abuse and torture of J.M. by Father and

4 S.L. is not a subject to this appeal.

3 Mother. Father reportedly hit J.M. with a paddle “so hard on his ‘behind’ that he could

not sit down.” Father had also placed a shock collar on J.M. and threatened to shock J.M.

if he did not clean around the home. Father shocked J.M. with the collar even if J.M.

cleaned up. It was also reported that J.M. often slept in a tent outside, and one morning

Father lit fireworks near the tent, causing J.M. to be frightened. In addition, while J.M.

was playing outside, Father abruptly “smacked” him.

The social worker made an unannounced visit to the parents’ home on September

17, 2021. The family, however, was not home and the social worker left a note on the

door for the parents. Father called later that day, reporting he was leaving town and

would contact the social worker upon his return. After no return contact was received

from Father, the social worker returned to the home unannounced on October 8, 2021.

Mother was present and alerted Father of the social worker’s arrival.

J.M. was found dirty in the front yard with “numerous tiny bites on his thighs,”

which J.M. reported were from bed bugs in the home. He appeared extremely

uncomfortable talking to the social worker and denied being physically abused without

being prompted. He also denied having the shock collar on him when the social worker

asked if Father had one for the dogs. J.M. constantly looked to see if Father and Mother

were listening. The social worker eventually terminated the interview. S.K. was also

found dirty in the front yard. He denied any physical abuse or seeing a shock caller in the

home. S.K. reported that J.M. was always in trouble but did not provide details. He

appeared coached and also looked to see if anyone was listening. M.M. was also found

4 to be filthy with matted hair and refused to speak with the social worker. The social

worker noted that there were 12 dogs, three cats, a bird, and rabbits inside the home with

a foul odor throughout the home and numerous roaches.

Father reported that he was in the process of cleaning and fixing up the home but

had been out of town the previous two weeks. He admitted to having a shock collar, but

denied ever using it on any of the children. Father also denied forcing J.M. to sleep

outside in the tent, but admitted to lighting firecrackers next to the tent while J.M. was

sleeping inside as a joke. Father admitted to hitting J.M. with a paddle with holes drilled

in it. Mother admitted to having a shock collar and smoking marijuana outside the home

to deal with her anxiety and depression, but denied any physical discipline in the home.

She also denied that J.M. had ever been hit with a paddle and noted J.M.’s behavior and

ADHD.

As the social worker was leaving, the children’s older half-sibling S.L. tossed a

handwritten note into the social worker’s car and mouthed “‘please help them.’” The

note indicated that Father and Mother beat the children, especially J.M., that they used

shock collars on J.M. multiple times, and that Mother threatened to snap J.M.’s neck.

The note further stated that Mother attacked S.L. and threatened to go on a killing spree if

the children were taken away.

When S.L. was interviewed on October 12, 2021, she reported witnessing J.M.

being physically abused by Mother. She also noted three occasions when Father shocked

J.M. with a shock collar. Further, she reported that Father and Mother laugh when

5 shocking J.M.

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