In Re Victoria M.

207 Cal. App. 3d 1317, 255 Cal. Rptr. 498
CourtCalifornia Court of Appeal
DecidedFebruary 15, 1989
DocketF009866
StatusPublished
Cited by53 cases

This text of 207 Cal. App. 3d 1317 (In Re Victoria 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 Victoria M., 207 Cal. App. 3d 1317, 255 Cal. Rptr. 498 (Cal. Ct. App. 1989).

Opinion

207 Cal.App.3d 1317 (1989)
255 Cal. Rptr. 498

In re VICTORIA M. et al., Minors.
STANISLAUS COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner and Respondent,
v.
CARMEN S., Objector and Appellant.

Docket No. F009866.

Court of Appeals of California, Fifth District.

February 15, 1989.

*1320 COUNSEL

Nancy Marsh, under appointment by the Court of Appeal, for Objector and Appellant.

Michael H. Krausnick, County Counsel, and Harry P. Drabkin, Deputy County Counsel, for Petitioner and Respondent.

Patricia L. Watkins, under appointment by the Court of Appeal, for Minors.

[Opinion certified for partial publication.[*]]

OPINION

STONE (W.A.), J.

(1a) In this action we are called upon to determine whether, before severance of the parent-child relationship pursuant to Civil Code[1] section 232, a developmentally disabled natural parent is entitled to services which are responsive to the family's special needs in light of the parent's particular disabilities. In addition to other issues we will discuss, we will hold that before the parental rights of a developmentally disabled parent can be properly terminated the record must establish by clear and convincing evidence that services specially designed to meet the needs of the developmentally disabled have been explored and that, despite the availability of such services, it is in the best interest of the children to be declared free for adoption.

STATEMENT OF THE CASE

Carmen S. appeals from a judgment pursuant to Civil Code section 232, subdivisions (a)(2) and (a)(7), declaring her three children, Victoria, born May 12, 1978, Eufemio, born December 4, 1979, and Aline, born January 18, 1982, free from her custody and control.

*1321 The Stanislaus County Department of Social Services (DSS) took the three children into protective custody on February 24, 1986, and filed petitions pursuant to Welfare and Institutions Code section 300, subdivision (d). The court declared the minors dependent children and placed them in foster homes. Victoria and Aline were ultimately placed with a foster/adopt family; Eufemio remained in a foster home.

DSS filed a petition to terminate the parental rights of Carmen S. and the children's father, Armando S.M., on June 9, 1987. The petition alleged that the children had been abandoned by their father. The father did not appear to contest the termination of his parental rights, nor has he appealed.

The court appointed counsel for Carmen S. on July 16, 1987, and held a termination hearing December 9 through 11, 1987. Witnesses at the hearing were the psychologist who evaluated Carmen and her three children, three social workers assigned to the case at different times during the 23-month period, the operator of the receiving home to which the children were initially taken, two counselors affiliated with the Valley Mountain Regional Center (VMRC), a counselor with Therapeutic Homes, Inc., (THI) Carmen, and her fiance. Following the hearing, the court declared the minors to be free from the custody and control of their natural parents. Judgment was entered January 19, 1988.

The petition was sustained on allegations under both subdivision (a)(2) and (a)(7) of Civil Code section 232. Subdivision (a)(2) permits termination if the court finds by clear and convincing evidence that (1) the child has been neglected or cruelly treated, (2) the child has been a dependent of the juvenile court under Welfare and Institutions Code section 300, and (3) the child has been out of the parents' custody for one year. Subdivision (a)(7) permits termination if the court finds by clear and convincing evidence that (1) the child has been in out-of-home placement for one year, (2) return of the child would be detrimental to the child, (3) the parents have failed and are likely to fail in the future to maintain an adequate parental relationship with the child, which includes providing both a home and care and control for the child, and (4) reasonable services were offered to the parent or parents to overcome the problems which led to the loss of custody in the first instance, but despite the availability of these services, return of the child to the parent would be detrimental to the child.

STATEMENT OF THE FACTS

Carmen is a woman in her mid-30's who has limited mental capabilities. She attended special classes while in school and in 1980 tested in the range of mild mental retardation with an IQ of 58. In 1987 her IQ was measured *1322 at 72, in the borderline range of intelligence. She is the mother of seven children. None of the children was living with her at the time of the hearing on the Civil Code section 232 petition.

Carmen had used social service agencies in the community extensively. According to the original social worker assigned to the case, Janice Holden, the Salvation Army was no longer willing to provide her with assistance because she had used their services to an excess. The Stanislaus County Department of Social Services had worked with Carmen prior to the removal of her children, but the record is unclear regarding the type or extent of assistance provided. She had a history of frequent moves and insufficient food for her children.

The children were removed from Carmen's custody in February 1986. She and the children were being evicted from the motel where they resided. The children were filthy and had head lice so severe that their heads had to be shaved. The girls had scabies. Eufemio had previously suffered an accidental burn on his arm for which he had been hospitalized. A skin graft had been performed using skin from his leg. As a result of inadequate attention, the donor site had become infected; the skin had grown over the bandage and his trousers had to be peeled off. The basis for the Welfare and Institutions Code section 300 petition was that Carmen had persistently failed to provide the children with proper care.[2]

Carmen discussed and signed her first reunification contract April 22, 1986. As a condition of reunification with her children she was required to obtain and maintain stable, suitable housing for her family, including adequate sleeping accommodations, a kitchen and a good food supply; to maintain acceptable housekeeping standards; to undergo a psychological examination to assess her ability to parent and care for her children; to maintain regular visitation and demonstrate appropriate parenting skills during visitation; to cooperate with services available through VMRC; to participate in a parenting skills training program and achieve satisfactory reports; to inform the social worker of her current address at all times; and to participate in an individual counseling program to learn how to protect herself and her children from physical and sexual abuse and receive satisfactory reports.

*1323 Carmen was not provided with active assistance in obtaining suitable housing. She was told about the Stanislaus County Housing Authority and advised to read the newspaper and keep her eyes open as she drove around town. Her only source of income at the time was approximately $250 in general welfare assistance.[3] She could have received advance AFDC funds if the lack of housing had been the only obstacle to her obtaining custody of the children.

According to Carmen's second case worker, Nancy Villereal, by the time of the six-month hearing held August 12, 1986, Carmen had not obtained suitable housing. She had been living in a motel or with friends.

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Cite This Page — Counsel Stack

Bluebook (online)
207 Cal. App. 3d 1317, 255 Cal. Rptr. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-victoria-m-calctapp-1989.