Los Angeles County Department of Children & Family Services v. J.B.

132 Cal. App. 4th 808, 34 Cal. Rptr. 3d 236, 2005 Cal. Daily Op. Serv. 8297, 2005 Daily Journal DAR 11321, 2005 Cal. App. LEXIS 1432
CourtCalifornia Court of Appeal
DecidedSeptember 13, 2005
DocketNo. B179756
StatusPublished
Cited by1 cases

This text of 132 Cal. App. 4th 808 (Los Angeles County Department of Children & Family Services v. J.B.) 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
Los Angeles County Department of Children & Family Services v. J.B., 132 Cal. App. 4th 808, 34 Cal. Rptr. 3d 236, 2005 Cal. Daily Op. Serv. 8297, 2005 Daily Journal DAR 11321, 2005 Cal. App. LEXIS 1432 (Cal. Ct. App. 2005).

Opinion

Opinion

CURRY, J.

INTRODUCTION

The Los Angeles County Department of Children and Family Services (DCFS) appeals from the order of the juvenile court following a Welfare and Institutions Code section 366.26 selection and implementation hearing in which it selected a permanent plan of legal guardianship based on its finding that the sibling relationship exception to termination of parental rights is applicable. (§ 366.26, subd. (c)(1)(E).) DCFS claims the record does not contain evidence sufficient to support application of the exception. We conclude the juvenile court had before it substantial evidence to support its finding that the exception is applicable. We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Naomi P. was bom in August 2001. The child’s mother, J.B. (Mother), admitted to using drags during her pregnancy with Naomi. Naomi was detained at the hospital by DCFS and placed in foster care.

DCFS filed a Welfare and Institutions Code section 300 petition on August 13, 2001, alleging that Naomi was a person described by Welfare and Institutions Code section 300, subdivisions (b) and (j). Specifically, DCFS alleged that both Mother and Naomi’s father, Hank P. (Father), had histories of drag abuse. In addition, Mother had previously failed to reunify with her three older children, Anthony A. (bom in August 1988), Joshua T. (bom in September 1991), and Victoria L. (bom in August 1993).1 The three older [812]*812children live with their maternal grandmother, who was appointed their legal guardian.

DCFS reported for the pretrial resolution conference that the older siblings visited Naomi whenever possible, usually for three-hour visits.

On September 20, 2001, the court sustained the Welfare and Institutions Code section 300 petition, as amended.

In November 2001, Naomi was placed with Mother’s cousin, Veronica N., thus enabling Mother to have three visits per week. The placement was also closer to the maternal grandmother’s home and allowed the older siblings to visit Naomi more often. Veronica also had three daughters of her own.

At the disposition hearing on November 19, 2001, the court declared Naomi to be a dependent of the court, and ordered her removed from her parents’ custody. DCFS was ordered to provide family reunification services. Mother was ordered to participate in a parenting course and individual counseling, group counseling, and drug rehabilitation with random drug testing. Mother and Father were permitted to have monitored visits three times per week.

For the six-month review hearing (Welf. & Inst. Code, § 366.21, subd. (e)) in May 2002, DCFS reported that the parents were not complying with the court-ordered drug testing and rehabilitation, counseling, or with the visitation schedule. DCFS recommended termination of reunification services.

Naomi’s siblings and maternal grandmother visited her in Veronica’s home. Veronica was willing to provide long-term foster care for Naomi if Mother was not successful in reunifying. The maternal grandmother stated her desire to become Naomi’s legal guardian so she could live with her siblings; she hoped to move to a larger home in order to do so.

The court continued the matter for a contested disposition hearing on the issue of termination of reunification services. Mother’s request to have the maternal grandmother’s home evaluated for placement of Naomi was denied. Naomi has severe medical problems (asthma) but was doing well in her current placement.

In June 2002, DCFS informed the court that the maternal grandmother had decided not to pursue legal guardianship, and Veronica was willing to pursue adoption. Naomi’s siblings continued to visit her weekly in Veronica’s home. At the continued disposition hearing, the court terminated family reunification [813]*813services for both parents and set a Welfare and Institutions Code section 366.26 selection and implementation hearing for September 2002.

For the Welfare and Institutions Code section 366.26 hearing in September 2002, DCFS reported that Veronica had decided not to adopt Naomi, and wished instead to be appointed her legal guardian. As Naomi was found to be living with a relative who was unable or unwilling to adopt, but was able to provide her with a permanent home, the court appointed Veronica as Naomi’s legal guardian, and letters of guardianship were issued. Naomi continued to have weekly visits with her siblings and maternal grandmother at Veronica’s home.

Status review hearings (Welf. & Inst. Code, § 366.3) were held in March 2003 and September 2003. DCFS reported that Naomi continued to receive appropriate care from Veronica, her legal guardian. Naomi’s siblings continued to visit her weekly. Mother visited only sporadically, and Father visited only once. The court found the current placement plan to be appropriate.

In December 2003, DCFS filed a Welfare and Institutions Code section 387 supplemental petition stating that Veronica was no longer willing or able to care for Naomi. On June 17, 2003, DCFS received a referral alleging emotional abuse and general neglect against Veronica with regard to her daughters. Veronica was compliant with DCFS and the case was closed on July 14, 2003. However, Veronica informed DCFS in December 2003 that she could no longer care for Naomi because of the difficulty she was having with her own children. Naomi was removed from Veronica’s home, and placed with Virginia H., a nonrelative family friend.

The court set a hearing on the Welfare and Institutions Code section 387 supplemental petition for February 4, 2004. On that date, the matter was continued to March 16, 2004. DCFS filed a petition to terminate the guardianship, and a hearing was set for March 5, 2004.

DCFS reported that Naomi was doing well in Virginia’s home. Naomi continued to have weekly visits with her siblings. The maternal grandmother wished to become Naomi’s legal guardian, and DCFS recommended that as the permanent plan for Naomi. DCFS noted that placement with the grandmother “would be in Naomi’s best interest because she will have the opportunity to grow up with her siblings.” The court sustained the Welfare and Institutions Code section 387 supplemental petition and terminated Veronica’s guardianship, and also set a Welfare and Institutions Code section 366.26 hearing for July 2004.

In March 2004, DCFS reported that the maternal grandmother was having difficulty with Joshua, the middle sibling in her care. He had been expelled [814]*814from school for numerous acts of inappropriate behavior. DCFS and the maternal grandmother agreed that it would be best to wait to place Naomi in the home so the grandmother could focus on stabilizing Joshua.

For the hearing in July 2004, DCFS reported that Naomi had developed a strong bond with Virginia since being placed in her care in December 2003. Virginia had expressed a desire to adopt Naomi. The social worker noted that placement with Virginia would enable Naomi “to keep her ties with her siblings and other family members.” Virginia stated that since she is a family friend, Naomi would be able to grow up with her family. She would allow sibling visits to continue after adopting Naomi. Naomi continued to have weekly visits with her siblings and grandmother in Virginia’s home. DCFS therefore recommended termination of parental rights and selection of adoption as the permanent plan.

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

Related

In Re Naomi P.
34 Cal. Rptr. 3d 236 (California Court of Appeal, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
132 Cal. App. 4th 808, 34 Cal. Rptr. 3d 236, 2005 Cal. Daily Op. Serv. 8297, 2005 Daily Journal DAR 11321, 2005 Cal. App. LEXIS 1432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-children-family-services-v-jb-calctapp-2005.