In re M.R. CA3

CourtCalifornia Court of Appeal
DecidedMarch 15, 2022
DocketC094365
StatusUnpublished

This text of In re M.R. CA3 (In re M.R. CA3) 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.R. CA3, (Cal. Ct. App. 2022).

Opinion

Filed 3/15/22 In re M.R. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re M.R. et al., Persons Coming Under the Juvenile C094365 Court Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. STK-JV-DP- AGENCY, 2019-0000311)

Plaintiff and Respondent,

v.

A.R.,

Defendant and Appellant.

A.R., father of the minors (father), appeals from the juvenile court’s orders terminating parental rights and freeing the minors for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 Father argues the court erred when it found the beneficial parental

1 Undesignated statutory references are to the Welfare and Institutions Code.

1 relationship exception to adoption did not apply. (§ 366.26, subd. (c)(1)(B)(i).) He further claims the court incorrectly denied his request for a bonding study. We will affirm the juvenile court’s orders. BACKGROUND The precipitating incident for this case occurred in July 2019, when J.G., mother of the minors (mother) tested positive for cocaine when delivering her daughter, I.R. Mother had received a similar test result approximately 18 months earlier, when she had delivered another daughter, L.R. In an interview at the hospital, mother denied she had used drugs and stated father, with whom she shared four children, M.R., A.G., L.R., and I.R., also did not use drugs. She also identified C.G., her son with a different father, who lived with his paternal grandmother. 2 Although mother and father had not obtained prenatal services or baby supplies while mother was pregnant with I.R., father had recently started working at Amazon and the two were planning to use his first paycheck to buy supplies. Mother stated she felt “overwhelmed” because she had to take care of the children by herself. She spoke to father but did not receive much help from him because he was working. 1. Petition and Initial Detention On August 6, 2019, the San Joaquin County Human Services Agency (Agency) filed a section 300 petition alleging, among other things, a failure to supervise or protect minors C.G. (then nine years old), M.R. (then eight years old), A.G. (then four years old), L.R. (then 18 months old), and I.R. In particular, the petition alleged mother could not responsibly care for the minors because of her substance abuse problems, including her drug use during her pregnancies with L.R. and I.R., and untreated mental health issues. It also noted past reports of domestic violence between mother and father.

2 The juvenile dependency case as to C.G. was dismissed and he is not a party to the case on appeal. He was also placed separately from the other minors.

2 In the detention/jurisdiction report, a social worker spoke with father, and father denied he or mother used drugs. As to previous social worker recommendations that mother go into drug treatment, father responded he did not “think it was a big deal” because mother did not “have enough [drugs] in her system to catch a case.” The juvenile court ordered the minors detained on August 7, 2019. At the jurisdiction hearing, on August 29, 2019, mother and father submitted on the issue of jurisdiction and the court found the allegations in the petition true. 2. Disposition Report and Hearing On October 8, 2019, the Agency filed its disposition report. In the report, mother denied any history of substance abuse and said she did not want services, although she noted she and father did not have enough space for all the children. Father similarly denied any drug use except for marijuana, which he used for pain management for a gunshot injury he received when he was 18 years old. He said he did not need to participate in a drug treatment program. A social worker noted the minors showed comfort in their parents’ presence. The minors had originally been placed with their paternal grandmother. Mother and father were told to stay away from the home so the Agency could supervise visitations, but mother and father then colluded with the grandmother to retrieve the minors. The Agency took the minors back and placed them in a different foster home. The caregiver noted several concerns with the minors. When the minors first arrived, they were very concerned about food and always tried to make sure there would be food to eat, suggesting previous food insecurity. M.R. had deficits in his educational level and had scored poorly on reading tests. He initially slept on the floor at the caregiver’s home because he was fearful of gunshots and strangers coming into the home. He said when he was living with mother and father, he would hear gunshots and “random people” would come into the house and take things, although the caregiver noted that M.R. would sometimes lie. A.G. had speech and cognitive development deficits. Both

3 M.R. and A.G. also had severe recurrent nightmares involving “bad people” or “strangers coming into the home.” A.G. said that “someone touched her” and indicated her vaginal area, but did not provide further details. A school psychologist noted A.G. had wandering eyes and was unable to focus, and was concerned she had been shaken as a baby. L.R. was nonverbal, but also had severe nightmares every night. She had a “profound fear of men” and would become upset when approached. When the caregiver attempted to change her, she would clench her legs together, so the caregiver had to wash her in a bath to clean her. An Agency social worker opined that these all indicated lack of adequate supervision with mother and father. Mother and father had supervised visits with the minors twice per week for an hour each time. Father was interactive with the minors and engaged appropriately during the visits. Mother was having difficulty in the visits in that she was “regularly on her phone” and would make unrealistic promises to the minors. Father’s visits were described as “more significant” and “more interactive” than mother’s. Neither parent participated in any services. Father said he did not need services and the Agency was not able to schedule a child and family team meeting because of difficulties scheduling with the parents. Father explained he was not the primary caregiver of the minors and worked long hours. A social worker visited mother and father’s home and found them living in a small back room attached to a house. The social worker stated the home was inappropriate for the minors to live in. The Agency recommended reunification services for father. On October 28, 2019, mother and father submitted on the reports and the juvenile court ordered reunification services for father, including participating in drug court and drug testing.

4 3. Status Review Reports and Review Hearings The Agency filed status review reports on March 17, 2020, and May 27, 2020. One report elaborated on A.G.’s statement that “someone had been touching her” when she lived with mother. Each time A.G. made such a statement, M.R. would interject and say that nobody had touched A.G. and that she was lying. A.G. also said that when she was living with mother, “random men would come into their house at night.” She recounted a time she was scared because someone was shooting at the house and people were screaming. M.R. stated father had guns for protection, but later said father got rid of the guns. As to L.R.’s behavior, the report noted L.R. would be social during the day, but would become fearful of the caregiver’s husband at night, so the husband would sleep in the living room. Father denied that anything had ever happened to A.G. and L.R.

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Bluebook (online)
In re M.R. CA3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mr-ca3-calctapp-2022.