In re R.R. CA1/1

CourtCalifornia Court of Appeal
DecidedAugust 10, 2023
DocketA167330
StatusUnpublished

This text of In re R.R. CA1/1 (In re R.R. CA1/1) 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 R.R. CA1/1, (Cal. Ct. App. 2023).

Opinion

Filed 8/10/23 In re R.R. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re R.R. et al., Persons Coming Under the Juvenile Court Law. A167330 SONOMA COUNTY HUMAN SERVICES DEPARTMENT, (Sonoma County Super. Ct. Nos. Plaintiff and Respondent, DEP-5958-02, DEP- v. 6041-02) R.R., Defendant and Appellant.

R.R. (father) appeals from orders terminating his parental rights to now five-year-old R.R. and three-year-old G.R. (minors) and adopting a permanent plan of adoption. He asserts the juvenile court erred by declining to find the beneficial parent-child exception applicable and that the orders should be reversed for a more appropriate permanent plan. We affirm. BACKGROUND Proceedings Before Welfare and Institutions Code Section 366.26 Hearing In May 2019, the Sonoma County Human Services Department (Department) received a referral that mother, who was pregnant at the time, was “suffer[ing] a drug-induced psychosis and attempted to jump off the

1 apartment balcony.” Mother agreed to a voluntary family maintenance plan. Father, however, refused to participate in these services despite struggling “with his own mental illness and possible substance abuse” issues. Although R.R. was initially placed with maternal grandmother, the child was later detained after grandmother was “unable to guarantee the child’s safety.” Four months later, the Department returned R.R. to father as the primary caretaker and both parents were offered maintenance services. By that point, mother had given birth to G.R. Initially, the Department placed G.R. with paternal great grandmother, but after father “demonstrated positive steps to mitigate safety issues,” G.R. was also placed with father as the primary caregiver and maintenance services continued. In February 2020, the Department filed supplemental petitions as to the minors. After the juvenile court sustained allegations that father was using controlled substances and failing to provide adequate care and supervision for minors placing them at substantial risk, the court took jurisdiction of then one-year old R.R. and three-month old G.R. and removed them from father’s care. At the disposition hearing, the court adopted the Department’s recommendations of reunification services for father and visitation. Over the next 18 months, the Department recommended terminating services to father at the six-month review hearing, continuing services at the 12-month review hearing, and terminating services at the 18-month review hearing. Prior to the 18-month review hearing, father had been doing well and the minors had been returned on “a Trial Home Visit,” in advance of the hearing. However, that visit was “unsuccessfully terminated” because shortly after the minors were returned to father, he relapsed. Father initially

2 denied using, but when confronted with evidence that he had provided “fake urine in a urinary analysis,” he admitted to “using methamphetamines one time.” The minors were then “returned to their previous foster home.” At the 18-month review hearing, the court terminated services to mother but ordered an additional 60 days of services for father. At the next review hearing, the court terminated father’s reunification services and set the matter for a Welfare and Institutions Code section 366.261 hearing. Section 366.26 Hearing In its section 366.26 report, the Department recommended termination of father’s parental rights and making adoption the permanent plan. The Department provided a detailed account of visitation: Father had visited consistently with minors, except for periods of time when he “was testing positive for methamphetamines.” Initially, visits were via Zoom due to the pandemic, but both father and minors had trouble “engaging and staying connected via Zoom” and visits transitioned to in-person. Father was eventually permitted unsupervised visitation. He then had a trial home visit, which was unsuccessfully terminated. During the review period, father had been scheduled for twice monthly in-person visitation but only “attended visits at an average of once per month.” He had made the “judgment call” to cancel one visit when he relapsed and “was ‘coming down’ from using substances.” He cancelled a subsequent visit because he was “not feeling well.” On another visitation date, he got the location wrong and “missed much of the visit.” Thus, while father had “had periods of increased attendance,” he had “struggled with attendance.” Given that inconsistent

1 All further undesignated code sections are to the Welfare and Institutions Code unless otherwise indicated.

3 visitation, the minors “no longer [were] told when they are going to have a visit scheduled, so they are not confused.” Additionally, the minors no longer asked for father in between visits. The social worker had “observed [father] . . . as being loving, playful, and engaged with the boys.” The Department acknowledged he “undoubtedly” loved his children, and it appeared the minors had a “positive connection” with father. However, the minors did not “have a substantial, emotional relationship that . . . would supersede the benefits of trust, belonging, and stability that can be gained in an adoption.” In determining whether termination of parental rights would be detrimental, the Department took into consideration the length of time minors had spent outside of father’s custody, noting R.R. had been initially detained in July 2019, and until February 2020 had been “back and forth between his parents’ care and relative care,” until he was placed in foster care. In May 2020, he was placed in his current home with G.R., then six months old. The minors had lived in that home until the trial visit with father, which lasted less than three weeks. They were returned to their concurrent home and remained there. This meant both minors had spent over two and a half years, and “the majority of their lives,” out of father’s care. The Department also noted, “It is clear,” that both minors “perceive the caregivers (who are their potential adoptive parents) as their primary caregivers, and the caregivers are meeting the boys’ physical and emotional needs. The [minors] look to the caregivers when they are hungry, tired, upset, or in need of comfort.” The Department concluded, although interaction between father and the minors “could have some incidental

4 benefit,” “termination of parental right would not be detrimental to the minors.” Father asked for, and the juvenile court approved, a bonding study. Psychologist Dr. Gloria Speicher performed the evaluation of “Bonding & Attachment” between father and the minors. To perform the evaluation, Dr. Speicher observed the minors and father in “different combinations” and reviewed the court records, medical records, evaluations of the minors, and “pertinent observations provided by others.” R.R. was born with “sepsis . . . meningitis of E. coli complicated by seizures. These birth complications place him at high risk for . . . continued delays in speech, fine motor and self[-]help skills.” He had been diagnosed with “high frequency hearing loss,” and required multiple follow-up appointments to monitor “various aspects of his development including [with an] ophthalmologist, neurologist, cardiologist and developmental/behavioral specialists.” When he was almost three years old, R.R.

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Bluebook (online)
In re R.R. CA1/1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rr-ca11-calctapp-2023.