Los Angeles County Department of Children & Family Services v. N.D.

228 Cal. App. 4th 202, 174 Cal. Rptr. 3d 929, 2014 WL 3615809, 2014 Cal. App. LEXIS 657
CourtCalifornia Court of Appeal
DecidedJuly 23, 2014
DocketB252864
StatusPublished
Cited by21 cases

This text of 228 Cal. App. 4th 202 (Los Angeles County Department of Children & Family Services v. N.D.) 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. N.D., 228 Cal. App. 4th 202, 174 Cal. Rptr. 3d 929, 2014 WL 3615809, 2014 Cal. App. LEXIS 657 (Cal. Ct. App. 2014).

Opinions

[205]*205Opinion

MOSK, Acting P. J.

INTRODUCTION

Defendant and appellant N.D. (mother) was a minor when the Los Angeles County Department of Children and Family Services (the Department) filed a petition under section 300 of the Welfare and Institutions Code1 on behalf of her 17-month-old son J.F. The juvenile court found jurisdiction because of mother’s mental condition, declared J.F. to be a dependent, and ordered him to remain in the home of mother. The juvenile court has continued to maintain jurisdiction over J.F. Mother appeals from an order entered at the last contested section 364 hearing at which the juvenile court maintained jurisdiction despite the recommendation of the Department to terminate jurisdiction. We interpret section 364, subdivision (c) to permit the juvenile court to retain jurisdiction if there is sufficient evidence to support such retention, notwithstanding the recommendation of the Department to terminate jurisdiction. We affirm the order.

BACKGROUND

In early March 2011, mother, a 16-year-old dependent of the court, reportedly wanted to hurt herself and others. There was information she had been subjected to sexual abuse as a child by her stepfather and, as a result, had homicidal ideations. She acknowledged a history of using marijuana. She was then hospitalized. J.F.’s paternal grandmother2 was caring for him during mother’s hospitalization. J.F. was healthy and showed no signs of abuse or neglect.

Upon release from the hospital, mother lived with paternal grandmother and J.F., and, according to a children’s social worker, J.F. was doing well in mother’s care. A Department report reflected that mother met her therapy and medication requirements. According to a psychiatrist with the State Department of Mental Health, mother was involved in J.F.’s life, had a positive outlook, and wanted to return to school to complete her education. J.F.’s father did not live with mother and J.F. In March and April of 2011, father’s whereabouts were unknown. He was incarcerated in May of 2011. Later, it was reported he had no place of residence. He was accorded monitored visits with J.F. On April 22, 2011, the Department filed a so-called “not detained” [206]*206petition on behalf of 17-month-old JE. pursuant to section 300, subdivisions (b) and (g). Father was found to be J.F.’s presumed father. Over J.F.’s counsel’s objection, the juvenile court did not detain J.F. from mother’s custody. Mother’s contact with J.F. was, however, monitored. J.F. was not to be left alone with mother and was to sleep at the residence of [paternal] great grandmother.

On May 25, 2011, at a jurisdictional hearing, the juvenile court sustained an amended count b-1, finding true that mother had mental and emotional problems, including depression, auditory hallucinations, and suicidal and homicidal ideations in the past. She was hospitalized in March 2011 for psychiatric reasons. Allegations pertaining to father were not acted upon. Counsel for J.F. filed a section 388 petition on May 25, 2011, seeking an order detaining J.F. from mother’s care. In response to the section 388 petition, the Department reported it was in J.F.’s best interest to remain in mother’s custody. Mother and J.F. were moved to the foster home of L.M.

L.M. reported positively on mother’s treatment of J.F., and mother continued to comply with her therapy and medication requirements. On one occasion, it was noted that mother was not taking all her pills, believing she did not need them, but was then advised to keep taking them.

On July 6, 2011, the juvenile court dismissed counts b-1 and g-1 as to father. The juvenile court made dispositional findings declaring J.F. a dependent and ordering that his status remain “home-of-parent mother.” Mother was ordered to participate in teen parenting services, participate in counseling to address her history of being sexually abused, and to take three random drug tests. The juvenile court denied JE.’s section 388 petition, finding the requested change of order concerning the role of paternal great grandmother not to be in J.F.’s best interests.

On February 1, 2012, the juvenile court conducted a hearing pursuant to section 364 and found that the conditions justifying the initial assumption of jurisdiction were likely to exist if supervision was withdrawn. On August 1, 2012, at a section 364 hearing, J.F.’s counsel urged the juvenile court to maintain supervision for another six months, notwithstanding the Department recommendation to terminate jurisdiction. The juvenile court continued jurisdiction.

During 2012, mother continued to participate in counseling and parenting classes and she tested negative for drugs. A therapist wrote that mother “has made minimal progress in treatment due to difficulty remembering information about therapeutic interventions and parenting skills. I have difficulty [207]*207recognizing if [mother] has difficulty comprehending interventions due to cognitive delay, or if her difficulties are related to her extensive trauma history.”

Also during 2012, mother and J.F. were placed in Mary’s Shelter, apparently because of paternal grandmother’s lack of cooperation with the Department. In April 2012, mother turned 18 years old “but remain [ed] under the supervision of [the Department] and Children’s court and in out of home care under her mother’s Dependency case.” Mother was issued a “Learning Experience” referral from her group home for leaving J.F. unattended in a bathtub while she retrieved a bath-related item. Under supervision, no such further incidents occurred.

In August 2012, the Department recommended that the juvenile court terminate jurisdiction as no safety concerns were identified and mother “ha[d] made improvement with all her parenting goals.” Mother was to undergo surgery for a cleft palate, continue to work towards a high school diploma, and continue to participate in individual counseling. Mother no longer experienced thoughts of trauma, continued to meet with her parenting instructor, and improved on meeting parenting goals (although they were referred to as “a work in progress”). Her therapy sessions were going well.

In December 2012, the juvenile court terminated paternal grandmother’s reunification services and ordered mother into a planned permanent living arrangement. The January 30, 2013, Department report reflected that mother remained a dependent of the court. Mother continued to do well medically, educationally, and in supervising J.F. The Department recommended that jurisdiction be terminated as there were no immediate safety concerns.

A March 13, 2013, Department report reflected that mother read to J.F. and praised him, but she talked to others when she needed to attend to J.F., and she cursed in front of J.F. There were other issues reported as to mother’s parenting.

In February 2013, a peer reported that in November 2012, she witnessed mother kick J.F. and, at some time, hit J.F. in the head with a remote control device. A social worker found the allegations inconclusive. Mother vigorously denied the allegations. At a March 2013 section 364 hearing set by J.F.’s counsel after the Department’s recommendation to terminate jurisdiction, counsel for J.F. again requested the juvenile court not terminate jurisdiction, and the juvenile court retained jurisdiction.

On August 3, 2013, the Department again recommended a termination of juvenile court jurisdiction with mother having sole custody of J.F.

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Cite This Page — Counsel Stack

Bluebook (online)
228 Cal. App. 4th 202, 174 Cal. Rptr. 3d 929, 2014 WL 3615809, 2014 Cal. App. LEXIS 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-children-family-services-v-nd-calctapp-2014.