In Re Randy B.

62 Cal. App. 3d 89, 132 Cal. Rptr. 720
CourtCalifornia Court of Appeal
DecidedSeptember 16, 1976
Docket15477
StatusPublished
Cited by6 cases

This text of 62 Cal. App. 3d 89 (In Re Randy B.) 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 Randy B., 62 Cal. App. 3d 89, 132 Cal. Rptr. 720 (Cal. Ct. App. 1976).

Opinion

62 Cal.App.3d 89 (1976)
132 Cal. Rptr. 720

In re RANDY B., a Person Coming Under the Juvenile Court Law.
WILLIAM JONES, as Chief Probation Officer, etc., Plaintiff and Respondent,
v.
YVONNE B., Defendant and Appellant.

Docket No. 15477.

Court of Appeals of California, Third District.

September 16, 1976.

*91 COUNSEL

Stephen James Wagner, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, N. Eugene Hill, Assistant Attorney General, Edmund E. White and Elisabeth C. Brandt, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

EVANS, J.

Yvonne, mother of Randy, a minor child, appeals from an order of the juvenile court finding Randy to be a minor coming within the provisions of Welfare and Institutions Code section 600, subdivision (a),[1] and awarding custody of Randy to the department of public *92 assistance with current placement in the home of his maternal aunt. On appeal, Randy's mother contends that: (1) the court, at the conclusion of the jurisdictional hearing, erred by failing to make a finding of detriment to the child if a parental award of custody were made; (2) the finding that an award of custody to a parent would be detrimental to the child did not satisfy the requirements of Civil Code section 4600 since the judge presiding at the dispositional hearing did not preside over and hear the evidence at the jurisdictional hearing; and (3) the evidence is insufficient to support the finding that the minor comes within section 600, subdivision (a).[2]

The record reveals the following facts to have been developed at the jurisdictional hearing. Randy, now age seven, is the natural child of Randy, Sr., and Yvonne. From birth until his parents' separation, Randy lived with them sporadically, spending lengthy periods of time with his maternal aunt Marie. Randy's father is unable to care for him, and his mother admittedly has difficulty in coping with her child and his needs.

James Hatton, employed by the child welfare division of the department of public assistance, was the social worker for Yvonne's daughter who is a dependent of the court and lives with her grandmother. As a result, he had occasion to observe Randy and his mother as early as July 1971. At that time, he observed Randy to be highly energetic, "Running and banging into everything;" it appeared to him that Yvonne was unable to control her son.

Three years later, in February of 1974, Hatton again saw Randy and noted his terrible behavior and poor interaction with his mother. He observed them to be in a constant cycle of arguing; little things would set one off which would "start the other one going ... they just fed into each other and the whole situation heightened and got worse and worse." Hatton described Randy's behavior as approaching a "dangerous level;" he was defiant, swearing at, and hitting his mother whenever she approached him. At that time, Hatton suggested out-of-home placement in order to break the cycle of arguing, but Yvonne rejected the idea. However, she did accept his referral to mental health services. Hatton's evaluation of the situation at that time was that the mother expected Randy to act as an adult and treated him as such; and that she was unable to do otherwise. He concluded that Yvonne could not meet the needs of a small child.

*93 At Hatton's suggestion, Yvonne contacted Jean McGowan, a public health nurse for the San Joaquin Local Health District, and told her that she and Randy's father had recently separated and that she was concerned about her son's discipline and behavior problems. She advised Mrs. McGowan that Randy would take things from other people's apartments, was destructive in his own home and very aggressive towards other children. She acknowledged her inability to discipline or control Randy's behavior. Mrs. McGowan visited the home and saw the constant verbal exchange between them; she testified that although the mother used threats in an attempt to induce action, she failed to follow through with her disciplinary threats. Randy responded to his mother's threats with profanities which would trigger a screaming session.

In April 1974, Yvonne took Randy to the San Joaquin Hospital Child Development Clinic where he was seen by a pediatrician, Dr. English, specializing in child psychiatry. In his pediatric assessment, the doctor noted that the mother was having problems dealing with her son's behavior and was quite perplexed by him. He concluded that Randy was a hyperkinetic child who lacked discipline. The doctor began Randy on medication for the hyperkinesis and suggested a preschool placement. Because of transportation problems, the preschool placement was not achieved.

In July, psychological testing revealed that although Randy was four years and seven months in age, he functioned at mental levels ranging from three to four years, two months.

On a subsequent visit to the pediatrician, Yvonne advised the doctor that although Randy was on medication, she still felt him to be hyperactive and advised the doctor he was getting on her nerves. She told the doctor he easily angered her, and she was afraid she might harm him out of frustration. Because of his hyperactivity and his mother's difficulty managing him, Dr. English placed Randy on additional medication in an attempt to control or retard the hyperactive behavior. The doctor concluded that Randy was confusing to Yvonne because of his hyperactive aggressive behavior and his lack of response to certain disciplines, making it difficult for her to deal with him or be a parent to Randy in a constructive way.

In March 1975, at the request of a public health nurse, the social worker Hatton again visited Yvonne and Randy. During the visit, Hatton *94 told Yvonne that he would have to petition the court to remove Randy from her custody. At that time, she voluntarily placed Randy with her sister Marie.

At the outset while in Marie's care, Randy was nervous and would not listen to his aunt. Slowly, his behavior began to change. He listened more, got along better with other children, and wanted to learn and was learning to write. However, on his mother's frequent visits, Randy would become uncontrollable and after Yvonne left, Marie would have behavior problems with him.

The social worker saw Randy again in May of 1975 and observed a 100 percent improvement following the placement with his aunt. In June of 1975, a petition under section 600, subdivision (a), was filed (fn. 1, ante, p. 91) in San Joaquin County Superior Court. It alleged: "That said minor has no parent or guardian actually or capable of exercising proper and effective parental care or control and said minor is in need of such care or control in that since approximately August of 1974 and on or about March 27, 1975, at and in the County of San Joaquin, State of California, the mother has been unable to control the minor's behavior. Further, the minor demonstrates numerous behavioral problems, much of which results from his poor home situation. Further, the mother has many emotional problems and she is seen as being an ineffectual parent. Further, the mother is not amenable to services and has failed to follow up with the professional care which the minor needs. Further, the father, who lives separate and apart from the mother, says he cannot care for the minor. Further, the father's exact whereabouts is unknown."

(1) On July 25, a jurisdictional hearing was held before Judge Cechini.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Nicole B.
93 Cal. App. 3d 874 (California Court of Appeal, 1979)
Garvey v. Sylvia B.
93 Cal. App. 3d 874 (California Court of Appeal, 1979)
In Re Marriage of Kern
87 Cal. App. 3d 402 (California Court of Appeal, 1978)
Volkland v. Volkland
74 Cal. App. 3d 674 (California Court of Appeal, 1977)
In Re James M.
72 Cal. App. 3d 133 (California Court of Appeal, 1977)
Fare v. James M.
72 Cal. App. 3d 133 (California Court of Appeal, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
62 Cal. App. 3d 89, 132 Cal. Rptr. 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-randy-b-calctapp-1976.