Kern County Department of Human Services v. Clinton H.

227 Cal. App. 3d 825, 278 Cal. Rptr. 185, 91 Daily Journal DAR 2014, 91 Cal. Daily Op. Serv. 1261, 1991 Cal. App. LEXIS 129
CourtCalifornia Court of Appeal
DecidedFebruary 14, 1991
DocketNos. F012892, F012896, F013581, F013555
StatusPublished
Cited by1 cases

This text of 227 Cal. App. 3d 825 (Kern County Department of Human Services v. Clinton H.) 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
Kern County Department of Human Services v. Clinton H., 227 Cal. App. 3d 825, 278 Cal. Rptr. 185, 91 Daily Journal DAR 2014, 91 Cal. Daily Op. Serv. 1261, 1991 Cal. App. LEXIS 129 (Cal. Ct. App. 1991).

Opinion

Opinion

DIBIASO, J.

Objector Clinton H. (the father) challenges juvenile dependency orders which denied him reunification services with his minor children (Welf. & Inst. Code1 § 361.5) and terminated his parental rights (§ 366.26). The critical issues are the meaning of, and the relationship among, subdivisions (a), (b)(2) and (c) of section 361.5, and whether the father was entitled to reunification services as a matter of law.

We hold that a juvenile court may not deprive a parent of reunification services under these portions of section 361.5 unless, based on the opinions of two qualified mental health experts, it finds: (i) the parent suffers from a mental disability as described in Civil Code section 232, subdivision (a)(6), and (ii) as a result of the mental disability, the parent is either incapable of utilizing reunification services at all or is unlikely to be capable of learning from reunification services to adequately care for the child within 12 months. We also conclude a denial of all reunification services is not reviewable by appeal from the dispositional order.

Rebecca H. (born Mar. 9, 1989) and Clinton H., Jr., (born Jan. 12, 1988) were adjudged, in separate proceedings, dependent children of the juvenile court in July 1989. Both had been in out-of-home placement since mid-June. At the consolidated jurisdictional hearing, the court found as to Rebecca H.:

“Within the provision of Section 300A, [svc] said minor has suffered, or there is a substantial risk that the minor will suffer, serious physical harm [831]*831inflicted nonaccidentally upon the minor by the minor’s parent or guardian; in That:
“Said minor was placed into protective care by the Bakersfield Police Department after being found in an emaciated condition requiring immediate hospitalization with a diagnosis of malnutrition; further, said minor’s weight upon admission to Kern Medical Center June 14, 1989 was one pound less than the minor’s birth weight.
“Within the provision of Section 300B, [sz'c] (in pertinent part), said minor has suffered, or there is a substantial risk that the minor will suffer, serious physical harm or illness ... by the willful or negligent failure of the parent or guardian to provide the minor with adequate food, clothing, shelter, or medical treatment; IN That:
“. . . When placed in protective care, said minor’s food supply was identified as a bottle of soured milk.
“. . . Said minor was found to be residing in a dirty, cluttered, unsanitary home that was a threat to said minor’s safety.
“. . . Said minor’s home lacked an adequate supply of clean clothing for said minor.”

It also found as to Clinton H., Jr.:

“Within the provision of Section 300B, [yzc] (in pertinent part), said minor has suffered, or there is a substantial risk that the minor will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the minor; IN That:
“. . . Said minor was placed into protective care by the Bakersfield Police Department after he was found residing in a home environment that was dirty, cluttered, unsanitary and a threat to minor’s safety.
“. . . Within the provision of Section 300J, [sz'c] said minor’s sibling has been abused or neglected, as defined in subdivision (a), (b), (d), (e), or (i), and there is a substantial risk that the minor will be abused or neglected, as defined in those subdivisions; IN That:
[832]*832“. . . Said minor’s three-month-old sibling was admitted to Kern Medical Center June 14, 1989 with a diagnosis of malnutrition as said minor’s sibling weighed one pound less than her birth weight.”

On the date originally scheduled for disposition, the juvenile court appointed two psychologists to evaluate and report on both parents. After the psychologists submitted their reports, the juvenile court conducted the disposition hearing. At the conclusion of the hearing, the judge continued the out-of-home placement order for the minors. He also found:

“[B]y clear and convincing evidence that the minors come within the provisions of Section 361.5 of the Welfare and Institutions Code, subdivision (b)(2), in that each of the parents suffer from a mental disability, as described in Section 232 of the Civil Code, rendering each incapable of utilizing services, and I find competent evidence from mental health professionals establishing that even with such services, said parents and each of them are unlikely to be capable of caring for each of the minors within twelve months.”

Accordingly, the court entered dispositional orders which denied reunification services for either parent and set, pursuant to section 361.5, subdivision (f), section 366.26 permanency planning/implementation hearings for a future date certain. The father filed notices of appeal from these disposition orders.

Subsequently, in a consolidated hearing pursuant to section 366.26, the juvenile court found, by clear and convincing evidence, the children were adoptable and the curtailment of parental rights would not be detrimental to them. The court accordingly terminated the parents’ rights. The father again filed notices of appeal.

After oral argument on the appeals from the disposition orders, we requested supplemental briefing from the parties to address whether section 366.26, subdivision (k), foreclosed review of the denial of reunification by way of appeal from the disposition orders. At the same time, we consolidated the appeals from the termination orders with the appeals from the dispositional orders and set all of them for oral argument.

Having now submitted the consolidated cases for decision, we will consider the questions raised by the appeals from the disposition orders first. As a result of our rulings on these issues, we will overturn the dispositional orders and vacate the termination orders.

[833]*833Facts2

Before the birth of Clinton H., Jr., the mother had had nine children, fathered by men other than Clinton H. All of the children had previously been removed from her custody and at least eight had been freed for adoption. Earlier psychological evaluations of the mother, in 1982, 1984, and 1985, revealed she had an IQ of 64, within the mild range of mental retardation. The consensus of the opinions expressed in the reports was that due to her limited cognitive functioning, the mother was unable to care for herself, much less for her children.

At the time Rebecca H. and Clinton H., Jr., were placed in custody, the father worked 10-hour shifts, 5 days a week, in the oil fields. He left for work each day before sunrise.

According to the father, the baby had a difficult time digesting formula. He believed his wife had problems keeping the apartment clean. They sometimes argued about her housekeeping. He saw the problem as: “. . . I get home and I am tired and I think my wife is a little lazy and sometimes we just let things go.”

Prior to his employment in the oil fields, the father had experienced long periods of unemployment and had relied on general assistance for financial support.

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Related

In Re Rebecca H.
227 Cal. App. 3d 825 (California Court of Appeal, 1991)

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Bluebook (online)
227 Cal. App. 3d 825, 278 Cal. Rptr. 185, 91 Daily Journal DAR 2014, 91 Cal. Daily Op. Serv. 1261, 1991 Cal. App. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kern-county-department-of-human-services-v-clinton-h-calctapp-1991.