In Re Raymond G.

230 Cal. App. 3d 964, 281 Cal. Rptr. 625
CourtCalifornia Court of Appeal
DecidedMay 28, 1991
DocketF014083
StatusPublished
Cited by33 cases

This text of 230 Cal. App. 3d 964 (In Re Raymond G.) 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 Raymond G., 230 Cal. App. 3d 964, 281 Cal. Rptr. 625 (Cal. Ct. App. 1991).

Opinion

230 Cal.App.3d 964 (1991)
281 Cal. Rptr. 625

In re RAYMOND G., a Person Coming Under the Juvenile Court Law.
FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent,
v.
DAVID G., Defendant and Appellant.

Docket No. F014083.

Court of Appeals of California, Fifth District.

May 28, 1991.

*965 COUNSEL

Mary Willans-Izett, under appointment by the Court of appeal, for Defendant and Appellant.

Max E. Robinson, County Counsel, and William G. Smith, Deputy County Counsel, for Plaintiff and Respondent.

*966 James S. Donnelly, under appointment by the Court of Appeal, for Minor.

[Opinion certified for partial publication.[*]]

OPINION

VARTABEDIAN, J.

Raymond G. was born on January 13, 1990. He weighed nine pounds at birth. He was the fifth child of Darlene G. and David G. (hereafter mother and father, respectively).

Raymond's weight was monitored by medical personnel after his checkup at age two and one-half months showed a weight gain from birth of only about one pound. His weight failed to progress and by April 19, 1990, one month later, he still weighed only ten pounds, placing him below the fifth percentile for his age, compared with his ninetieth percentile ranking at birth. Suspecting that the child was not thriving on the cow's milk he was being fed, medical workers constantly warned the parents to feed Raymond formula rather than cow's milk; the parents resisted following these instructions. Raymond was hospitalized on April 19. After receiving formula feeding for five days, Raymond increased his weight to eleven pounds and four ounces and was ready for discharge.

On April 24, 1990, a Welfare and Institutions Code section 300[1] petition was filed seeking to have Raymond declared a dependent ward of the court. The petition alleged that mother and father negligently failed to provide adequate food to Raymond, resulting in malnutrition and jeopardizing his health (count B-1). The petition further alleged that mother and father failed to follow instructions and refused to cooperate (count B-2).

The detention hearing was held on April 25, 1990. The juvenile court placed Raymond outside of his parent's home pending further hearing.

The jurisdictional hearing was conducted on May 10 and 11. 1990. The court found that Raymond was a minor described by section 300, subdivision (b) because the mother and father negligently failed to provide him with adequate and proper nutrition. The court found the allegations in count B-2 not true based on its belief that parents are not obligated to follow the orders of child protective services when a dependency petition has not yet been filed.

*967 The dependency petition was dismissed on September 18, 1990.[2]

Father challenges the sufficiency of the evidence at the jurisdictional hearing to support the finding of dependency. Counsel for Raymond raises an additional claim that Raymond was improperly removed from parental control at the earlier detention hearing.

As will be explained in the unpublished portion of our opinion, we determine the appeal of the dependency order is moot. In our published discussion, we find the court did not err at the detention hearing when it temporarily placed the minor outside of the parents' home.

I.

MOOTNESS[*]

.... .... .... .... .... .... ....

II.

NONPARENTAL PLACEMENT AT DETENTION HEARING

(1) Raymond argues the court erred at the detention hearing when it ordered his removal from the custody of his parents. Respondent asserts the issue is moot because Raymond has been returned to mother and father and the petition has been dismissed. Although technically moot, the standard applicable to emergency removal of minors needs to be addressed because it is an issue capable of repetition yet evading review. (In re William M. (1970) 3 Cal.3d 16 [89 Cal. Rptr. 33, 473 P.2d 737].) (2a) We therefore address the propriety of the removal of Raymond from his parents' custody at the detention hearing.

Raymond was a patient placed in the custody of Valley Children's Hospital at the time the detention hearing was held to determine his temporary placement upon release. (§ 315.) The hearing was conducted pursuant to section 319. That section provides in pertinent part:

"At the initial petition hearing the court shall examine the minor's parents, guardians, or other persons having relevant knowledge and hear the relevant *968 evidence as the minor, the minor's parents or guardians, the petitioner, or their counsel desires to present. The court may examine the minor, as provided in Section 350.

"The probation officer shall report to the court on the reasons why the minor has been removed from the parent's custody; the need, if any, for continued detention; on the available services and the referral methods to those services which could facilitate the return of the minor to the custody of the minor's parents or guardians; and whether there are any relatives who are able and willing to take temporary custody of the minor. The court shall order the release of the minor from custody unless a prima facie showing has been made that the minor comes within Section 300 and any of the following circumstances exist:

"(a) There is a substantial danger to the physical health of the minor or the minor is suffering severe emotional damage, and there are no reasonable means by which the minor's physical or emotional health may be protected without removing the minor from the parents' or guardians' physical custody.

".... .... .... .... .... .... ....

"The court shall also make a determination on the record as to whether reasonable efforts were made to prevent or eliminate the need for removal of the minor from his or her home and whether there are available services which would prevent the need for further detention.... If the minor can be returned to the custody of his or her parent or guardian through the provision of those services, the court shall place the minor with his or her parent or guardian and order that the services shall be provided. If the minor cannot be returned to the custody of his or her parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child. Where the first contact with the family has occurred during an emergency situation in which the child could not safely remain at home, even with reasonable services being provided, the court shall make a finding that the lack of preplacement preventive efforts were reasonable. Whenever a court orders a minor detained, the court shall state the facts on which the decision is based, shall specify why the initial removal was necessary, and shall order services to be provided as soon as possible to reunify the minor and his or her family if appropriate.

"When the minor is not released from custody the court may order that the minor shall be placed in the suitable home of a relative or in an emergency shelter or other suitable licensed place or a place exempt from licensure designated by the juvenile court or in an appropriate certified family home *969 whose license is pending and all the prelicense requirements for such a placement have been met as set forth in subdivision (e) of Section 361.2 for a period not to exceed 15 judicial days.

".... .... .... .... .... .... ...."

Section 321 provides for rehearing upon request.

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Bluebook (online)
230 Cal. App. 3d 964, 281 Cal. Rptr. 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-raymond-g-calctapp-1991.