L. A. Cnty. Dep't of Children & Family Servs. v. Allison S. (In re Travis C.)

221 Cal. Rptr. 3d 572, 13 Cal. App. 5th 1219
CourtCalifornia Court of Appeal, 5th District
DecidedAugust 2, 2017
DocketB276877
StatusPublished
Cited by43 cases

This text of 221 Cal. Rptr. 3d 572 (L. A. Cnty. Dep't of Children & Family Servs. v. Allison S. (In re Travis C.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
L. A. Cnty. Dep't of Children & Family Servs. v. Allison S. (In re Travis C.), 221 Cal. Rptr. 3d 572, 13 Cal. App. 5th 1219 (Cal. Ct. App. 2017).

Opinion

CHANEY, Acting P.J.

*1221Allison S. (Mother) appeals from the juvenile court's order declaring her children dependents of the court under Welfare and Institutions Code section 300, subdivision (b)(1).1 Mother contends substantial evidence does not support the court's jurisdictional findings. The Los Angeles County Department of Children and Family Services (DCFS) cross-appeals, arguing substantial evidence does not support the court's amendments to the allegations in the petition. DCFS also moves to dismiss Mother's appeal as moot because Mother did not appeal from a subsequent order sustaining a section 387 petition DCFS argues provides an alternative basis for jurisdiction. We deny DCFS's motion to dismiss, affirm the court's order sustaining the section 300 petition as amended, and dismiss DCFS's cross-appeal.

BACKGROUND

Factual Background

Mother and J.C. (Father) had two children together, Travis in 2007 and Samantha in 2008. Mother and Father permanently separated in 2010, and Mother had custody of Travis and Samantha after the separation. Mother and the children lived with Mother's parents, even though Mother had a strained relationship with her parents.

In September 2015, Mother began having serious mental health problems, including psychotic episodes. Mother's condition caused her to become delusional and paranoid and act in ways that scared the children. Mother's condition made her hear voices, believe she was being stalked, believe law enforcement was following her, believe the children were being manipulated by the government, and believe she had implants in her brain, among other delusions, and she was open with the children about her mental illness. Mother's psychotic episodes manifested themselves in various ways. At times, she became angry. At least once, Mother became suicidal and was later hospitalized.

*1222Mother sought treatment for her condition, but did not consistently follow any treatment regimen. She checked into a treatment center, but checked out, citing a disagreement with the facility over her treatment. Mother was also treated by a psychiatrist, who prescribed various medications. The medications gradually improved Mother's condition. But she repeatedly stopped taking her medications for various lengths of time and various reasons.

Before she was medicated, before her condition became more stable, and when she went off her medication, Mother's parents-particularly the maternal grandmother-stepped in as Travis and Samantha's primary caregivers. The maternal grandmother prepared the children's meals, helped them with school projects, and readied them for bed. When Mother threatened suicide, the maternal grandmother removed the children from the home for the night. And the maternal *576grandparents confiscated Mother's keys when they believed she could not drive.

The maternal grandparents' interventions mitigated, but could not eliminate, the effects of Mother's illness and treatment decisions on Travis and Samantha. The maternal grandparents sought but were never granted temporary legal guardianship of Travis and Samantha. And even after Mother's medication stabilized her condition, she threatened to leave the maternal grandparents' home and take Travis and Samantha. Mother continued to drive alone with the children in the car, including when she was experiencing symptoms of her illness.

Mother's psychiatrist reported that he was not concerned with the children's safety as long as the maternal grandmother was caring for them and as long as Mother stayed on her medication. If Mother were to be off her medication or if the maternal grandmother were not involved, however, he said he would have concerns.

Mother also had a history of substance abuse. Before she was pregnant with Travis, Mother used methamphetamine, cocaine, and marijuana. Mother continued to use marijuana daily.

For his part, Father regularly visited Travis and Samantha at the maternal grandparents' home and frequently kept them on weekends. Father alternately lived with his parents and his girlfriend's parents. Father's income fluctuated, but he voluntarily assisted with the children's financial support. He was regularly in their lives, but Father was unaware of the extent of Mother's condition or its effects on Travis and Samantha.

*1223Procedural Background

DCFS began investigating Travis and Samantha's situation on February 10, 2016. On March 11, the juvenile court ordered Travis and Samantha detained, and DCFS detained and released them to the maternal grandparents on March 15.

A. Section 300 Petition and Detention Hearing

DCFS filed the section 300 petition on March 18, 2016, alleging the juvenile court had jurisdiction over Travis and Samantha under subdivision (b)(1). The petition alleged a substantial risk Travis and Samantha would suffer serious physical harm or illness because of Mother's inability to adequately supervise or protect them, Father's failure to protect the children from Mother, and Mother's inability to regularly care for them as a result of her mental illness and substance abuse. The petition also contained two paragraphs of facts supporting the jurisdictional allegations; one detailed Mother's mental illness and Father's failure to protect the children from it (par. b-1), and the other detailed Mother's substance abuse (par. b-2).

At the detention hearing, the juvenile court-over DCFS's objection-released Travis and Samantha to Father on the condition they remain with the maternal grandmother.

B. Jurisdiction and Disposition Hearing

The court presided over the combined jurisdiction and disposition hearing on June 10, 2016.

As filed, the petition's paragraph b-1 stated: "The children Travis C[.] and Samantha C[.]'s mother, Allison S[.], has mental and emotional problems including a diagnosis of Schizoaffective Disorder, visual and auditory hallucination, delusions, suicidal ideation and paranoia, which render the mother incapable of providing regular care of the child. The mother failed to take the mother's psychotropic medication as prescribed. The children's father, *577J[.]C[.], knew of the mother's mental and emotional problems and failed to protect the children. Such mental and emotional problems on the part of the mother and the father's failure to protect the children endanger the children's physical health and safety and place the children at risk of serious physical harm, damage, danger and failure to protect."

The court amended paragraph b-1 by striking all allegations about Father and changing the end of the paragraph to state: "The mother failed to consistently take the mother's psychotropic medication as prescribed. Such *1224mental and emotional problems on the part of the mother endangers the children's physical health and safety and places the children at risk of harm." The court struck paragraph b-2 entirely.

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Bluebook (online)
221 Cal. Rptr. 3d 572, 13 Cal. App. 5th 1219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-a-cnty-dept-of-children-family-servs-v-allison-s-in-re-travis-calctapp5d-2017.