In Re Sarah M.

22 Cal. App. 4th 1642, 28 Cal. Rptr. 2d 82
CourtCalifornia Court of Appeal
DecidedMarch 2, 1994
DocketC014212
StatusPublished
Cited by208 cases

This text of 22 Cal. App. 4th 1642 (In Re Sarah M.) 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 Sarah M., 22 Cal. App. 4th 1642, 28 Cal. Rptr. 2d 82 (Cal. Ct. App. 1994).

Opinion

22 Cal.App.4th 1642 (1994)
28 Cal. Rptr.2d 82

In re SARAH M. et al., Persons Coming Under the Juvenile Court Law.
SACRAMENTO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent,
v.
VERONICA M. et al., Defendants and Appellants.

Docket No. C014212.

Court of Appeals of California, Third District.

March 2, 1994.

*1643 COUNSEL

Steven A. Schutte and David M. Thompson, under appointments by the Court of Appeal, for Defendants and Appellants.

L.B. Elam, County Counsel, and Loni Montgomery, Deputy County Counsel, for Plaintiff and Respondent.

[Opinion certified for partial publication.[*]]

*1644 OPINION

SCOTLAND, J.

Appellants Veronica M. (mother) and Michael M. (father) appeal from orders of the juvenile court terminating their parental rights after the court found it is likely their children, Sarah M. and Charles M., will be adopted. (Welf. & Inst. Code, §§ 366.26, 395; further section references are to the Welfare and Institutions Code.)

In the published portion of this opinion, we reject appellants' contention that the juvenile court erred in precluding them from cross-examining the social worker regarding the prospective adoptive parent's suitability to adopt the minors. In addressing this claim of error, we clarify our opinion in In re Scott M. (1993) 13 Cal. App.4th 839 [16 Cal. Rptr.2d 766], which held that questions regarding the suitability of a potential adoptive family are irrelevant to the issue whether a dependent child who has been removed from parental custody is likely to be adopted. In the unpublished parts of this opinion, we find no merit in appellants' other contentions. Accordingly, we shall affirm the orders.

FACTUAL AND PROCEDURAL BACKGROUND

The record of these dependency proceedings shows an extensive history of involvement by children's protective services with mother and father and their six children, Sarah, Charles, Jacob, Timothy, April and Matthew. That history is replete with multiple reports of neglect, as well as physical and emotional abuse, of all of the children. Only Sarah and Charles are involved in this appeal.

In September 1990, section 300 petitions were filed on behalf of five-year-old Sarah, two-year-old Charles, and their four siblings alleging the minors were at substantial risk of suffering serious physical harm because father had struck Jacob in the face, causing bruising, and mother had knowledge of the beating but failed to protect the child. (§ 300, subds. (a), (b) & (j).)

The juvenile court sustained the petitions and adjudged the minors dependent children. They were placed in foster care, and reunification services were ordered. During the reunification period, mother and father visited the minors regularly and completed a set of parenting classes. However, both parents refused to accept any responsibility for the family's difficulties, stating they "are blameless and have done nothing wrong with their children." Psychologists diagnosed each parent as suffering from an antisocial personality disorder; the prognosis for change was considered poor.

*1645 While in foster care placement, all of the children except Charles, who was still a baby, told authorities about a history of abuse allegedly perpetrated by appellants. According to the children, in July 1990 father strangled Timothy until he became unconscious. Four of the children stated father used handcuffs to restrict Timothy and Jacob at various times. The children also reported blows to the head inflicted by mother and father, and claimed Charles was thrown across the room and into a wall. The children said mother and father beat them on "an almost daily basis" and deprived them of food "for days at a time."

In January 1992, the oldest child, April, told authorities that father had sexually molested her since she was five years old. She also reported that father had sexually molested Jacob and Timothy. April stated she had decided to disclose the abuse because father may have begun molesting Charles as well. Charles told a social worker he did not want to visit father because father stuck his penis in Charles's mouth. Matthew later reported that mother had sexually abused Timothy. Jacob, Timothy, and Sarah denied they had been molested. The juvenile court sustained sexual abuse allegations contained in supplemental petitions filed on behalf of April, Matthew and Charles.

In February 1992, the juvenile court found that returning Sarah and Charles to parental custody would be detrimental to the minors, determined there was no substantial probability the minors would be returned to parental custody within six months, terminated reunification services, ordered a permanent plan of adoption for the minors, and scheduled a section 366.26 hearing.

The social worker's report prepared for the section 366.26 hearing states that Sarah (then seven years old) and Charles (then three years old) are in excellent health. "Both children are exhibiting good physical growth and their physicians have found them to be both well-developed and medically sound." Sarah shows "no signs of developmental delay." Her vocabulary is "at age level," and she has received speech therapy to correct problems with articulation due to an anatomical restraint ("anchored tongue") on her ability to produce certain sounds. Sarah recently had completed the second grade "where she made excellent social and academic progress," receiving "`satisfactory,' `good' and `outstanding' grades in all academic areas (letter grades are not given in second grade)." In a standardized intelligence examination, she scored average or above average in all test areas. "Sarah is succeeding socially as well. She interacts well with fellow students and is perceived as being a cooperative, conscientious student." The report describes Sarah as "a fairly compliant, cooperative child who is presenting no *1646 significant behavior problems in the home. While she can be stubborn and oppositional at times, she does not engage in outgoing acting out behavior and is generally considered an exceptionally easy child to parent." The foster mother reported that Sarah had engaged in instances of "sexualized behavior" approximately 18 months prior to the social worker's report, but that the incidents "have been few and have been easily controlled with increased supervision and limit setting." Sarah was receiving therapy on a weekly basis dealing with "issues of loss and self image." The therapist reported "positive implications for [Sarah's] future therapeutic progress." According to the social worker's report, Sarah "shares a close and loving relationship with her [foster mother] and appears to have easily accepted the parent/child bond which exists between them.... While Sarah is somewhat shy with people she does not know well, her reactions are well within the normal range for a child her age." The social worker's report notes that Charles is "on target in all developmental areas with the exception of expressive speech, in which he is significantly delayed." However, he is enrolled in a Headstart Program in which he "has evidenced tremendous improvement in his speech and language skills." Charles's "only continuing problem appears to be in the area of articulation and with speech therapy he is beginning to close the gaps that still exist.

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Bluebook (online)
22 Cal. App. 4th 1642, 28 Cal. Rptr. 2d 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sarah-m-calctapp-1994.