L. A. Cnty. Dep't of Children & Family Servs. v. E.S. (In re Roger S.)

242 Cal. Rptr. 3d 791, 31 Cal. App. 5th 572
CourtCalifornia Court of Appeal, 5th District
DecidedDecember 24, 2018
DocketB290290
StatusPublished
Cited by16 cases

This text of 242 Cal. Rptr. 3d 791 (L. A. Cnty. Dep't of Children & Family Servs. v. E.S. (In re Roger S.)) 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. E.S. (In re Roger S.), 242 Cal. Rptr. 3d 791, 31 Cal. App. 5th 572 (Cal. Ct. App. 2018).

Opinion

CHANEY, J.

*574In this dependency case ( Welf. & Inst. Code, § 300 et seq. ),1 E.S. (Mother) challenges the sufficiency of the evidence supporting the jurisdiction finding against her. We conclude the evidence presented at the adjudication hearing was insufficient to support jurisdiction and therefore reverse *793the finding as well as the disposition order and the custody order the juvenile court issued upon termination of dependency jurisdiction. As explained below, we remand the matter to the family court for a hearing on custody and visitation.

BACKGROUND

Detention

Investigation of current referral

As stated in the April 2, 2018 Detention Report, on February 7, 2018, the Los Angeles County Department of Children and Family Services (DCFS) received a telephonic referral, alleging Mother was neglecting her 12-year-old son, Roger S., in that he continually came to school "extremely dirty (body/clothing)" and "with a foul odor." The caller (who was not identified in the Detention Report) also noted Roger exhibited "disruptive behavior" at school.2 The caller had tried to address the hygiene and behavioral issues with Mother in the past but there had been no improvement, and Mother had declined to cooperate with an attempt to refer Roger for "school based mental health services." According to the caller, Roger had "reported not having hot water, heat, or other basic necessities in the past." The caller did not know Mother and Roger's current address, and stated Roger had declined to disclose his address. The caller visited Mother's last known address (where she no longer lived), and stated her former neighbors insinuated Mother was using cocaine.3

On February 13, 2018, a DCFS social worker visited Roger's school to meet with him, but the child was absent. The assistant principal told the social worker he believed Mother was neglecting Roger, stating Roger "comes to school every day and he is dirty as if his clothes haven't been washed, and has a foul smell to the point that it 'stinks up the whole room.' "

*575The assistant principal explained the school was unable to contact Mother, and Roger refused to provide contact information. The assistant principal also noted Roger "rarely" went to class (even when he was present at school) and was "very disruptive" when he did attend class.

On February 14, 2018, one week after DCFS's receipt of the referral, the social worker located Mother and went to her home to interview her and Roger. Mother declined to allow the social worker to enter her home but spoke briefly with the social worker on the porch. She told the social worker she did not want to cooperate with DCFS, explaining "every time [DCFS] comes to her home she has to move because her roommates do not like DCFS in their home."4 Regarding the allegations in the referral, Mother "stated that her child was clean." The social worker noted Mother appeared "very tired," avoided making eye contact, and became "verbally aggressive" during the interview. She declined the social worker's request that she take a drug test.5 Before calling Roger out of the home to speak with the social worker, Mother indicated DCFS could detain Roger, *794stating in a "nonchalant" manner, " 'you guys can do what you want. If you want to take him (the child) then take him.' "

The social worker interviewed Roger on the porch, outside Mother's presence. The social worker noted in the Detention Report that Roger appeared to be wearing clean clothes, he was not dirty, he did not have a foul odor, and he appeared to have a new haircut. He indicated he took baths in the morning before school unless he woke up too late. He further stated he went to school every day, traveling there by bus. He conceded he did not always attend his classes, describing some of them as "boring." He told the social worker he spent time with friends after school, sometimes returning home between 7:00 and 9:00 p.m.6 He denied Mother used drugs or was involved in domestic violence.

The following day, on February 15, 2018, the social worker visited Roger's school and spoke with him there. The social worker noted in the Detention Report that Roger was wearing a "dirty yellowish shirt that was too small" and dirty pants, "and his finger nails were really dirty." He had been playing outside during physical education class when the social worker contacted him, and he "smell[ed] like sweat." He also "smell[ed] like mildew," according to the social worker. He told the social worker Mother "washes his *576clothes when she can and he always has clean clothes." He also stated he showered daily so long as he woke up on time for school.

Regarding school personnel's statements that he was "disrespectful in school," Roger told the social worker he did "not act up in class" and did "not disrespect the staff." He acknowledged some of his schoolwork was difficult for him, so he chose not to attend some classes. According to the social worker, he "stated that his mother gave up on him because she knows he is not doing well in school and he has not changed, so mother does not even bother to help him anymore."

Roger informed the social worker he shared a room with Mother, and they each slept on their own twin mattress. He stated Mother did not discipline him. He visited his father, Donald J. (Father), every weekend, and Father gave him an allowance and bought him new clothes and shoes.

On March 7, 2018, three weeks after the last home visit, the social worker called Mother "in efforts to engage with [her] again and obtain a better understanding of the family's needs." Mother stated she refused to drug test or "sign[ ] any documents for [DCFS]," but agreed to come into the office the following week and bring Roger's medical information. She explained she was "tired of [DCFS] coming to her home" on repeated occasions "for the same reasons." She acknowledged Roger was performing poorly in school, and stated she could not "hold [his] hand in school." Mother told the social worker she had recently visited the school and provided staff with her new telephone number and address.

Mother also told the social worker Roger always had food, water, and clean clothes, even though they did not have a stable home. She took him to the laundromat and taught him how to sort and wash his clothes. She stated she planned to visit an agency to help her find a stable home. She explained she was "a victim of domestic violence and that is why [the social *795worker could not] come into the home."7 Mother stated she had no contact with Father, but Roger visited him every weekend.

About a week later, on March 13, 2018, the social worker called Mother to set up a meeting. Mother again stated the social worker was not welcome in her home and she would not drug test or sign documents for DCFS. She explained she had to move again because the social worker visited her home.

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Cite This Page — Counsel Stack

Bluebook (online)
242 Cal. Rptr. 3d 791, 31 Cal. App. 5th 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-a-cnty-dept-of-children-family-servs-v-es-in-re-roger-s-calctapp5d-2018.