In Re Patricia

109 Cal. Rptr. 2d 904, 91 Cal. App. 4th 400
CourtCalifornia Court of Appeal
DecidedAugust 7, 2001
DocketB143242
StatusPublished
Cited by10 cases

This text of 109 Cal. Rptr. 2d 904 (In Re Patricia) 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 Patricia, 109 Cal. Rptr. 2d 904, 91 Cal. App. 4th 400 (Cal. Ct. App. 2001).

Opinion

109 Cal.Rptr.2d 904 (2001)
91 Cal.App.4th 400

In re PATRICIA T. et al., Persons Coming Under the Juvenile Court Law.
Los Angeles County Department of Children and Family Services, Plaintiff and Respondent,
v.
Patricia O., Defendant and Appellant; Jose T., Defendant and Respondent.

No. B143242.

Court of Appeal, Second District, Division Four.

August 7, 2001.
Review Denied November 14, 2001.

Karen B. Stalter, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Joseph D. Mackenzie, under appointment by the Court of Appeal, Monterey Park, for Defendant and Respondent.

CURRY, J.

Appellant Patricia O. is the natural mother of Patricia T., Arturo T., and Damian S.[1] Appellant contends that she did not understand that her waiver of a contested dispositional hearing would result in the denial of reunification services. We affirm.

*905 RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

Respondent Jose T. is the natural father of Patricia and Arturo, who were born, respectively, in 1992 and 1994. Hector S. is the natural father of Damian, who was born in 1996.

On May 25, 2000, the Los Angeles County Department of Children and Family Services (DCFS)[2] filed a dependency petition pursuant to Welfare and Institutions Code section 300[3] regarding Patricia, Arturo, and Damian. The petition alleged that the children faced a substantial risk of harm due to Hector's infliction of inappropriate physical discipline, appellant's failure to prevent this discipline, and appellant's and Hector's history of substance abuse. (§ 300, subds.(a) & (b).)

In connection with the petition, DCFS reported that appellant and Hector had used illegal drugs. In addition, they had engaged in physical violence in Patricia's and Arturo's presence, and Hector had used excessive physical force in disciplining Patricia and Arturo. DCFS also reported that Patricia and Arturo wanted to live with Jose, and that they did not like Hector because he hit them and engaged in domestic violence with appellant.

The children first came to DCFS's attention due to allegations of domestic violence between appellant and Hector. On April 21, 2000, appellant and Hector were in a heated argument, and appellant slashed the tires of Hector's car. In response, Hector reported her to the police, and appellant was taken into police custody due to an outstanding traffic warrant.

Upon appellant's release from jail six days later, she was contacted by DCFS. Appellant told the DCFS social worker that she had used drugs prior to being arrested. She had subsequently enrolled in a drug treatment program. Nonetheless, appellant had a positive screen for cocaine on May 17, 2000. Hector admitted to having used marijuana, and he stated that he had also enrolled in a drug treatment program.

Regarding Jose, DCFS indicated that Patricia and Arturo had been in his custody for approximately a year in 1997, and that he often saw them on weekends.

At the detention hearing on May 26, DCFS opposed placement of Patricia and Arturo with Jose, arguing that although Jose was nonoffending and gainfully employed, he had not tried to protect Patricia and Arturo from appellant's drug abuse, of which he was aware. The juvenile court found a prima facie case for detaining the children, and it released Damian to his paternal grandmother, and Patricia and Arturo to Jose. Concerning Jose, the juvenile court stated: "... I do not have any evidence that he poses any risk to his children. His children have spent substantial amounts of time with him and in his household."

DCFS submitted a social study report on June 16, 2000. The report recommended that the children should remain as placed until appellant and Hector could "firmly establish a drug free life, and resolve the on-going domestic violence in their relationship." The report also recommended that reunification services should be provided to appellant, and family maintenance services should be provided to Hector.

The combined adjudication and dispositional hearing took place on June 16, 2000. *906 At the hearing, appellant and Hector submitted no-contest pleas by signing waiver forms, and acknowledging these pleas in open court. The juvenile court then declared the children to be dependents of the court. Regarding Patricia and Arturo, it denied appellant reunification services, awarded legal and physical custody of these children to Jose, and terminated its jurisdiction, subject to further proceedings concerning financial responsibility under section 903. Regarding Damian, the juvenile court directed DCFS to provide appellant and Hector with reunification services.

DISCUSSION

Appellant contends that the juvenile court committed reversible error in taking her waiver of rights at the dispositional hearing. We disagree.

California Rules of Courts, rule 1449(e)[4] permits a parent to admit the allegations in the petition, plead no contest, or submit to the jurisdictional determinations. Upon a plea of no contest, admission, or submission, the juvenile court must advise the parent of the following rights: (1) the right to a hearing by the court on the issues raised by the petition; (2) the right to assert the privilege against self-incrimination; (3) the right to confront and to cross-examine all opposing witnesses; and (4) the right to compel attendance of witnesses. (Rule 1449(b).) In addition, rule 1449(c) requires the juvenile court to find and state on the record that it is satisfied that the parent understands the nature of the conduct alleged in the petition and possible consequences of a no contest plea.

"A dependency proceeding is civil in nature and is designed not to prosecute the parent, but to protect the child. (In re Malinda S. (1990) 51 Cal.3d 368, 384, 272 Cal.Rptr. 787, 795 P.2d 1244....) Nevertheless, a parent's fundamental right to care for and have custody of her child is implicated and may not be interfered with without due process of law. (Id. at p. 383, fn. 17, 272 Cal.Rptr. 787, 795 P.2d 1244; Lois R. v. Superior Court (1971) 19 Cal. App.3d 895, 901-902, 97 Cal.Rptr. 158....) Among the essential ingredients of due process are the right to a trial on the issues raised by the petition, the right to confront and cross-examine witnesses, and to compel the attendance of witnesses. (In re Malinda S., supra, at pp. 383-384, 272 Cal.Rptr. 787, 795 P.2d 1244.) By adopting rule 1449, the Judicial Council recognized these rights are essential to a fair jurisdictional proceeding. Rule 1449 also states the juvenile court `shall' advise the parent of these rights and make a finding that she knowingly and intelligently waived them. (Rule 1449(b) & (f).)" (In re Monique T. (1992) 2 Cal.App.4th 1372, 1376-1377, 4 Cal.Rptr.2d 198.)

Here, appellant's contentions concern the adequacy of the advisements that she received under rule 1449. No case authority that we have located squarely addresses the standard of review appropriate here. However, because rule 1449 requires warnings analogous to those required under Boykin v. Alabama (1969) 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 and In re Tahl (1969) 1 Cal.3d 122, 81 Cal.Rptr.

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Cite This Page — Counsel Stack

Bluebook (online)
109 Cal. Rptr. 2d 904, 91 Cal. App. 4th 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-patricia-calctapp-2001.