In re W.G. CA4/2

CourtCalifornia Court of Appeal
DecidedAugust 24, 2020
DocketE074791
StatusUnpublished

This text of In re W.G. CA4/2 (In re W.G. CA4/2) 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 W.G. CA4/2, (Cal. Ct. App. 2020).

Opinion

Filed 8/24/20 In re W.G. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re W.G. et al., Persons Coming Under the Juvenile Court Law.

SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES, E074791

Plaintiff and Respondent, (Super.Ct.No. J279105)

v. OPINION

J.C.,

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Annemarie G.

Pace, Judge. Affirmed.

Jacques Alexander Love, under appointment by the Court of Appeal, for

Michelle D. Blakemore, County Counsel, Jodi L. Doucette, Outside Counsel, for

Plaintiff and Respondent.

1 J.C. (Mother) and S.G. (Father1; collectively, Parents) are the parents of A.G.

(female, born 2013) and W.G. (male, born 2015; collectively, the children). On appeal,

Mother challenges the summary denial of her Welfare and Institutions Code2 section 388

petition. For the reasons set forth post, we shall affirm the trial court’s order denying

Mother’s section 388 petition.

FACTUAL AND PROCEDURAL HISTORY

A. BACKGROUND FACTS

On December 13, 2018, Mother went to work and left W.G. in the care of her

boyfriend, F.A. Mother and Boyfriend had been together for five months. The other

child, A.G., was in school. Boyfriend called Mother and told her he found W.G. burned

in the bathtub. Boyfriend stated that “it was an accident; I didn’t do it on purpose.”

Boyfriend sent Mother pictures of W.G.’s burn. Mother told Boyfriend to take W.G. to

the hospital but he convinced her it was not a good idea because she would get her

children taken away and he would go to jail. Mother did not leave work, she continued

working. When she came home from work, she again told Boyfriend they should take

W.G. to the hospital. Again, Boyfriend convinced her not to seek medical care for W.G.

Mother was concerned about losing Boyfriend; he paid her car payment. The next day,

Boyfriend admitted pouring a cup of boiling water on W.G. Then, when W.G. cried,

Boyfriend poured more boiling water and called W.G. a “crybaby.”

1 Father is not a party to this appeal.

2 All further statutory references will be to the Welfare and Institutions Code unless otherwise specified.

2 Mother informed Father about the incident the following day. Father cared for the

children every weekend. Father asked Mother to keep W.G. away from Boyfriend but

did not ask that W.G. be taken to the hospital. Three days later, Father saw W.G. Father

became tearful because of the pain W.G. endured, but did not take W.G. to the hospital or

ask Mother to take him. Father did not contact law enforcement.

On December 18, 2018, W.G. continued to be fussy and in pain. He still was not

eating. Mother went to get her hair done and asked the maternal grandmother (MGM) to

watch W.G. MGM did not take W.G. to the doctor. When Mother showed her hairstylist

pictures of W.G., the hairstylist called CFS about the incident. When Mother returned

from her hair appointment, she took W.G. to St. Mary’s Hospital because a scab on

W.G.’s penis reopened and started to bleed. Dr. Vikram Raj, the treating physician,

determined the injuries to W.G. were nonaccidental, and reported the incident. W.G. was

transported to Arrowhead Regional Center’s Burn Unit. The right side of his face was

burned, and he had cigarette burns on his body and face; he had surgery for skin grafts.

B. DETENTION AND SECTION 300 PETITION

On December 18, 2018, the children were removed from the care of parents

pursuant to a detention affidavit. A.G. was placed with a maternal granduncle (foster

father) and grandaunt (foster mother; collectively, foster parents). The plan was for W.G.

to be placed in the same home once he was discharged from the medical burn clinic. The

foster mother worked for CFS as a supervisor in the Barstow division.

On December 21, 2018, CFS filed section 300 petitions for serious physical harm,

and failure to protect or seek medical care. As to W.G., the petition was filed under

3 section 300, subdivision (a)(1), (b)(2), (b)(3), (b)(4), (e)(5), (e)(6), (g)(7), and (i)(8). As

to A.G., the petition was filed under section 300, subdivision (g)(1), (j)(2), and (j)(3).

The petitions alleged that W.G. was physically abused because 23 percent of his body

was covered in burns, which included cigarette burns, and neither parent obtained proper

medical care for him. The children, therefore, were at risk of harm.

On December 24, 2018, at the detention hearing, the juvenile court read and

considered CFS’s detention report and its attachments. The court then found that there

were no other reasonable means to protect the children without court intervention and

detention out of the home of the parents. Parents were awarded supervised visitation

once per week for two hours with the children. Preplacement services were also offered

to parents. Parents were advised that reunification services may be denied because of the

seriousness of the allegations. The court set a jurisdiction and disposition hearing for

January 11, 2019.

C. JURISDICTION AND DISPOSITION HEARINGS

On January 19, 2019, CFS filed its first amended section 300 petitions.

In the jurisdiction and disposition report dated January 11, 2019, CFS

recommended finding the allegations in the petitions as true, denying family reunification

services due to the severity of the injuries and the parents failing to seek timely and

necessary medical care, and placing the children with the foster parents permanently.

In the report, the social worker reported that W.G. was interviewed at the

Children’s Assessment Center (CAC) by the social worker and law enforcement. The

social worker asked W.G. about the burn scar on his face. Initially, W.G. shut down; he

4 put his head down, was sad, and had tears in his eyes. He asked for his foster father.

W.G. then stated that he had other “owies” on his private part and pointed to it, and on

his back. He stated that Boyfriend caused the injuries, and that he cried when Boyfriend

poured hot water on his body. W.G. stated he told Mother.

According to A.G., while she was at school, Boyfriend gave W.G. the “owies.”

She denied that Boyfriend abused her to the social worker. A.G., however, told law

enforcement that Boyfriend “smacked my butt.” She also stated that Mother hit her.

Mother stated that on December 13, 2018, Boyfriend called her at work and was

hysterical, claiming that the injuries to W.G. were an accident. She video-chatted with

Boyfriend and saw the burns but stayed at work. Mother claimed that she told Boyfriend

to give W.G. some medication and to take him to the hospital. Boyfriend talked Mother

out of seeking medical care because he would get in trouble and Mother would have the

kids taken away. She did not take W.G. to the hospital when she got home.

The next day, Boyfriend admitted that he had poured hot water on W.G. in the

bath and W.G. started to cry. Boyfriend then poured more water on W.G. because

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

Related

In Re Marilyn H
851 P.2d 826 (California Supreme Court, 1993)
Cynthia D. v. Superior Court
851 P.2d 1307 (California Supreme Court, 1993)
Orange County Social Services Agency v. Doris F.
56 Cal. App. 4th 519 (California Court of Appeal, 1997)
In Re Angel B.
118 Cal. Rptr. 2d 482 (California Court of Appeal, 2002)
San Francisco Human Services Agency v. Karen R.
227 Cal. App. 4th 1147 (California Court of Appeal, 2014)
San Diego County Health & Human Services Agency v. Gala G.
77 Cal. App. 4th 799 (California Court of Appeal, 1999)
Fresno County Department of Children & Family Services v. R.H.
170 Cal. App. 4th 678 (California Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
In re W.G. CA4/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wg-ca42-calctapp-2020.