In Re Yvonne W.

165 Cal. App. 4th 1394, 81 Cal. Rptr. 3d 747
CourtCalifornia Court of Appeal
DecidedJuly 28, 2008
DocketD052204
StatusPublished
Cited by159 cases

This text of 165 Cal. App. 4th 1394 (In Re Yvonne W.) 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 Yvonne W., 165 Cal. App. 4th 1394, 81 Cal. Rptr. 3d 747 (Cal. Ct. App. 2008).

Opinion

165 Cal.App.4th 1394 (2008)

In re YVONNE W., a Person Coming Under the Juvenile Court Law.
SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent,
v.
CELESTE W., Defendant and Appellant.

No. D052204.

Court of Appeals of California, Fourth District, Division One.

July 28, 2008.

*1396 Neale B. Gold, under appointment by the Court of Appeal, for Defendant and Appellant.

John J. Sansone, County Counsel, John E. Philips, Chief Deputy County Counsel, and Erica B. Gardner, Deputy County Counsel, for Plaintiff and Respondent.

Valerie N. Lankford, under appointment by the Court of Appeal, for Minor.

*1397 OPINION

AARON, J.

Celeste W., mother of dependent minor Yvonne W., appeals a juvenile court order, made at an 18-month review hearing, continuing Yvonne's placement in foster care and ordering Yvonne's permanent plan to be another permanent planned living arrangement (APPLA). Celeste challenges the sufficiency of the evidence to support the court's finding that it would be detrimental to Yvonne to return her to Celeste's custody under Welfare and Institutions Code[1] section 366.22, subdivision (a). Celeste also contends that she was not offered or provided reasonable services. We conclude that the evidence was insufficient to support the court's finding that returning Yvonne to Celeste's custody would create a substantial risk of detriment to Yvonne. Accordingly, we reverse the order.

I

FACTUAL AND PROCEDURAL BACKGROUND

In July 2006, 11-year-old Yvonne became a dependent of the juvenile court and was removed from parental custody based on findings that Celeste used marijuana and was arrested on drug charges in Yvonne's presence. (§ 300, subd. (b).) According to reports filed by the San Diego County Health and Human Services Agency (Agency), Celeste's boyfriend, Stephan C., was selling crack cocaine from the family home, where the police found cocaine base and marijuana. The police also found drug paraphernalia in Celeste's purse. Celeste admitted that she smoked marijuana, but denied knowing that Stephan used drugs or that he sold them from their home. Yvonne was aware of Stephan's drug activities and said that Celeste smoked "pot" and drank alcohol.

During the first six months of reunification, Celeste enrolled in a residential drug treatment program (KIVA), completed a parenting class, participated in individual therapy and submitted to a psychological evaluation. According to her therapist, Celeste was knowledgeable about positive parenting techniques, took responsibility for her bad choices and showed empathy for Yvonne. Celeste enrolled in the Substance Abuse Recovery Management System (SARMS) program, submitted to random drug testing, and appeared strongly motivated in her substance abuse recovery. She and Yvonne were having regular unsupervised visits and Yvonne looked forward to seeing Celeste. The visits went well and progressed to overnight and weekend visits. Yvonne was placed in a group home until a suitable foster care placement could be found.

*1398 In January 2007, Celeste gave birth to a baby boy, who remained in her care. Several months later, Celeste was discharged from KIVA because she had a disagreement with the program director. Nevertheless, Celeste was making progress in therapy, had maintained her sobriety, and was in compliance with SARMS. She was having difficulty finding affordable housing and temporarily moved in with relatives. Celeste requested assistance with locating appropriate housing so that Yvonne could be placed with her. The social worker gave Celeste a referral for housing and employment.

Yvonne remained in her group home, where she was having behavioral and emotional problems. She was receiving individual therapy to address these issues. Yvonne wanted to live with her mother and baby brother. According to a psychological evaluation, Yvonne loved Celeste and felt emotionally connected to her, but also felt a great deal of rage toward her. The evaluator recommended that Yvonne continue in therapy, participate in conjoint therapy with Celeste, and receive a referral for an individual education plan (IEP).

At a 12-month hearing, the court found that Celeste had made substantive progress with the provisions of her case plan, but that returning Yvonne to Celeste's custody would create a substantial risk of detriment to Yvonne. The court ordered six more months of reunification services for Celeste.

In a report prepared for the 18-month hearing, the social worker stated that Celeste had found "appropriate housing" at St. Vincent de Paul Village shelter, where she could stay for two years. Celeste was in compliance with her services, and was able to provide a safe environment for her six-month-old son. She had completed 15 sessions of individual therapy, and was committed to maintaining her sobriety and reunifying with Yvonne. Celeste was active in the processes of having Yvonne assessed for medication, an IEP, and Regional Center services. Celeste was also participating in services to obtain housing and employment through Home Start. Celeste's therapist recommended that she continue in therapy until she achieved all of her treatment goals and progressed to conjoint therapy with Yvonne.

Yvonne had been placed in a foster home that was capable of providing supervision and emotional support for her. She was doing well in that placement and had attained emotional stability. Yvonne was having unsupervised weekend visits with Celeste at the shelter, where Yvonne had a bed and space for her personal belongings. However, Yvonne complained that she sometimes felt uncomfortable visiting Celeste at the shelter and that she often *1399 felt sick after visits. Celeste reported that Yvonne sometimes had a negative attitude toward people at the shelter and appeared to "look down" on them. Yvonne expressed her fear of being homeless. She was addressing these and other concerns in therapy.

In the social worker's opinion, there was a risk to Yvonne if she were returned to Celeste's care too soon. The social worker stated that Celeste still needed to (1) obtain stable permanent housing; (2) participate in conjoint therapy with Yvonne; (3) develop a supervision plan for Yvonne; and (4) become an active participant in Yvonne's academics, therapy and other services. Additionally, the social worker recommended that Yvonne's assessment for an IEP be completed before her placement changed.

At a contested 18-month hearing, the court received in evidence Agency's reports and heard argument of counsel. The court recognized that although Celeste had complied with services and maintained her sobriety, the evidence showed that Yvonne still needed time to heal, that she was receiving structure and discipline in her current placement, and that she was in the middle of an IEP assessment. The court then found, by a preponderance of the evidence, that returning Yvonne to Celeste's custody would create a substantial risk of detriment to Yvonne's physical and emotional well-being because Yvonne had expressed fear, anxiety and unhappiness with Celeste's living arrangement. The court selected APPLA as Yvonne's permanent plan, ordered further services for Celeste under section 366.3, and set a review hearing.

II

DISCUSSION

A

The Evidence Was Insufficient to Support the Court's Finding That Yvonne Could Not Safely Be Returned to Celeste's Custody

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Cite This Page — Counsel Stack

Bluebook (online)
165 Cal. App. 4th 1394, 81 Cal. Rptr. 3d 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-yvonne-w-calctapp-2008.