Los Angeles County Department of Children & Family Services v. Patrick E.

171 Cal. App. 4th 438, 90 Cal. Rptr. 3d 44, 2009 Cal. App. LEXIS 199
CourtCalifornia Court of Appeal
DecidedJanuary 23, 2009
DocketNo. B207752
StatusPublished
Cited by1 cases

This text of 171 Cal. App. 4th 438 (Los Angeles County Department of Children & Family Services v. Patrick E.) 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. Patrick E., 171 Cal. App. 4th 438, 90 Cal. Rptr. 3d 44, 2009 Cal. App. LEXIS 199 (Cal. Ct. App. 2009).

Opinion

Opinion

CROSKEY, Acting P. J.

In this dependency case (Welf. & Inst. Code, § 300 et seq.),1 Patrick E., father of three dependent minor children (Father), appeals from a judgment of the juvenile court. He challenges the court’s jurisdiction findings that he has a history of substance abuse, and that his current use of medical marijuana places the children at risk of harm.2 Father also contends that the trial court, in its disposition order, has presented him with an untenable choice of either giving up his legal use of medical marijuana or not reuniting with his children. We find that the record does not support any of Father’s contentions, and we will affirm the judgment from which he has appealed.

[441]*441 BACKGROUND

1. Detention

The minor children who are the subject of this case are Alexis E. (bom Feb. 1997; Alexis), Samantha E. (bom Jan. 2000; Samantha) and Elijah E. (bom Sept. 2001; Elijah). The children were detained by the Los Angeles County Department of Children and Family Services (the Department) on December 9, 2007, when the Department received a report they were being emotionally abused by Father. After being detained, they were placed with their mother, Cynthia E. (Mother), who lives in the home of the children’s maternal grandmother (the Grandmother). Mother and Father had separated five years earlier. It appears that before the children were detained by the Department, they had been living with Father until he was arrested for physically abusing his girlfriend, at which time they went to live with Mother.3

The report that the minors were being emotionally abused by Father stems from two physical altercations between Father and his girlfriends, each of which happened in the children’s presence. (One incident involved one girlfriend, and the other incident involved another girlfriend.) Father was arrested on July 4, 2007, and on December 8, 2007, on domestic violence charges, and sustained a conviction from the July 2007 charge. He was in jail on the December 2007 charge at the time the Department interviewed Mother and the minors.

Mother told the Department social worker that she also has been the victim of Father’s domestic abuse but she never reported it to the police because Father threatened to kill her if she did. Mother indicated she would be filing for a restraining order and to have her marriage to Father dissolved. She stated that because she was physically abused throughout her marriage to Father (they married in 1998), she was diagnosed as being depressed and she was currently being treated for that condition. The Grandmother confirmed Mother’s statement that Father has always been physically abusive towards Mother and Mother did not report his abuse because several times he threatened to kill Mother.

The children all appeared healthy and clean when the social worker visited the Grandmother’s home. One of the children reported not enjoying visits to Father’s home because Father stays in the bedroom all day with his girlfriend, [442]*442and he smokes cigarettes that smell bad and that he says are his medicine. (They are marijuana cigarettes.) Mother stated Father is a chronic user of marijuana, and she and one of the children stated he uses marijuana in the children’s presence. Mother has no criminal record, but Father has the above mentioned conviction for domestic violence.

The detention hearing was held on December 12, 2007, and the minors were detained from Father and released to Mother. An order for individual counseling for the minors was made, with conjoint counseling with Father when appropriate. The court ordered monitored visits for Father at a Department office or with an approved monitor, with neither Mother nor Father’s girlfriend to be the monitor. The Department was ordered to provide Mother with family maintenance services, specifically, referrals to parenting classes to address domestic violence and its effects on children. The court also ordered that Father be provided with family reunification services, to include referrals to parenting classes, domestic violence counseling, and drug rehabilitation with random testing. An assessment of Father’s girlfriend and her relationship with the minors was ordered, and the court further ordered that if there was no substantial relationship between her and the children, they were not to have contact with her.

Father was released from jail on December 10, 2007, and received notice by certified mail for his arraignment hearing on December 18, 2007, but he did not appear at the hearing. The record shows that father’s girlfriend, who has the same address as Father, made a written request that the Los Angeles County Sheriff’s Department make no further investigation into the charge of domestic violence against Father. In her request, she stated she no longer wished to proceed with a prosecution of Father because “there was no domestic violence that occurred.”

2. Adjudication

a. The Department’s Jurisdiction/Disposition Report

An adjudication hearing was set for February 6, 2008. The Department’s jurisdiction/disposition report contains the children’s statements regarding how they viewed life with Mother and Father. They all stated Mother did not need to “work on anything” because living with her was good. They described her home as safe, and comfortable, where people are nice, and they love and care.

[443]*443In contrast, the children provided various negative opinions about living with Father. One child said Father was hardly around, and he and his girlfriend would go out and leave the children (including the girlfriend’s children) to make dinners for themselves. Father was also described as needing to practice on being nicer and calmer, and knowing when to use his strength and his yelling voice; as dangerous; as making the children cry and be scared when he yells at them; and as doing things that are “wrong.” It was also stated that Father uses corporal punishment by hitting the children on the head and pulling their ears; however, Father denied being physically abusive with the minors.

The children described Father’s altercations with his girlfriends as Father being physically assaultive with the girlfriends and they being assaultive with him. Father was on summary probation for his domestic violence conviction and had been ordered to complete a 52-week domestic violence program. The social worker stated her belief that it would be premature to allow the minors to be in Father’s care. Father denied that he had been abusive towards Mother and stated it was she who was physically assaultive towards him.

Regarding Father’s use of marijuana, all three of the children told the social worker in their own way that drugs are bad for people and that Father smokes. The children had varying opinions regarding whether smoking marijuana affected Father. Alexis stated it did not make Father behave differently, Samantha stated it made Father nicer, and Elijah stated it makes Father feel bad and he slams the door. One of the children told Father he should stop smoking because smoking can kill Father.

Mother opined that the health reasons that Father gives for using marijuana are “just an excuse” so he can smoke marijuana. Father stated he has a prescription for marijuana and he uses it in the morning and at night.

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Related

In Re Alexis E.
171 Cal. App. 4th 438 (California Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
171 Cal. App. 4th 438, 90 Cal. Rptr. 3d 44, 2009 Cal. App. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-children-family-services-v-patrick-e-calctapp-2009.