Los Angeles County Department of Children & Family Services v. Peggy L.

144 Cal. App. 4th 207, 50 Cal. Rptr. 3d 227, 2006 Daily Journal DAR 14311, 2006 Cal. Daily Op. Serv. 10029, 2006 Cal. App. LEXIS 1664
CourtCalifornia Court of Appeal
DecidedOctober 26, 2006
DocketNo. B189559
StatusPublished
Cited by1 cases

This text of 144 Cal. App. 4th 207 (Los Angeles County Department of Children & Family Services v. Peggy L.) 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. Peggy L., 144 Cal. App. 4th 207, 50 Cal. Rptr. 3d 227, 2006 Daily Journal DAR 14311, 2006 Cal. Daily Op. Serv. 10029, 2006 Cal. App. LEXIS 1664 (Cal. Ct. App. 2006).

Opinion

[210]*210Opinion

PERLUSS, P. J.

The juvenile court denied family reunification services to Peggy L., the mother of Albert T, under Welfare and Institutions Code section 361.5, subdivision (bXlO),1 which provides that family reunification services need not be offered to a parent of a dependent child if services for a sibling of that child previously had been terminated because the parent failed to reunify with the sibling and the parent thereafter has not made a reasonable effort to treat the problems that led to the sibling’s removal. On appeal Peggy contends, although the juvenile court previously terminated reunification services for Albert’s brother, Alan C., because Peggy failed to reunify with him, the evidence at the disposition hearing for Albert was insufficient to support the court’s implied finding she had not subsequently made a reasonable effort to treat the problems that led to Alan’s removal. We agree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

1. Alan’s Removal from Peggy; Peggy’s Partial Compliance with the Case Plan; and Termination of Family Reunification Services

On October 22, 2003, the Los Angeles County Department of Children and Family Services (Department or DCFS) detained six-year-old Alan, an emotionally disturbed child (Alan had been diagnosed as having both bipolar disorder and attention deficit hyperactivity disorder (ADHD)), because Peggy, who is cognitively delayed (with an IQ of 55), reported to the Department she was no longer able to care for him. Albert, then only 11 months old, was also detained.

In a petition filed pursuant to section 300 on October 27, 2003, and subsequently amended on November 26, 2003, the Department alleged Peggy “is unwilling and unable to provide the child [Alan] with ongoing care and supervision due to the child’s mental and emotional problems. . . . [P]rior DCFS voluntary services and Harbor Regional Center services have been ineffective in resolving the family problems . . . .”2 The lack of a parent to [211]*211provide care was also alleged to place Albert at risk of physical harm. The amended petition further alleged Alan’s father, Richard C., had physically abused him; Richard had a history of alcohol abuse that remained unresolved and limited his ability to care for Alan; and Richard had physically assaulted Peggy in Alan’s presence.

In its jurisdiction and disposition report, filed concurrently with the November 26, 2003 amended petition, the Department stated, “Alan was removed from home because his parents could not cope with his behavior. He has been diagnosed as ADHD.” The Department also explained Peggy had received services from Harbor Regional Center, as well as assistance from a Life Steps worker, who helped her in the home and with daily living skills. According to the Department, “Mother has ample resources but is still unable to care for her child, requesting that he be removed from her care and placed in foster care.”

Following a successful mediation, on February 20, 2004, the court ordered the petition further amended by interlineation: The primary allegation regarding Peggy’s inability to provide ongoing care and supervision remained the same except for deletion of the reference to Peggy’s “refusal” (as opposed to inability) to continue to care for Alan. The counts alleging physical abuse of Alan by Richard and Richard’s assault of Peggy in Alan’s presence were both dismissed. The court then sustained the amended petition as to Alan. Albert was dismissed from the petition and returned to Peggy’s care and custody.

Alan was declared a dependent child of the court and ordered suitably placed. Peggy and Richard received family reunification services with monitored visitation. The court ordered that Alan be provided individual therapy and conjoint therapy with Peggy and Richard, as well as with his stepfather Albert T., Sr. (Albert’s father). Peggy and Richard were ordered to participate in a parenting program addressing Alan’s special needs and any additional education and training programs recommended by Alan’s therapist, as well as to participate in appropriate individual counseling to meet Alan’s needs, as directed by the conjoint therapist, including sessions dealing with Alan’s special needs, the effects of medication and the effects of aggressive behavior and family violence on children. Although in its jurisdiction and disposition report the Department had recommended that Peggy and Richard be ordered into domestic violence counseling, the parties’ mediated case plan did not provide for such counseling; and the court’s disposition order did not include a requirement that Peggy complete domestic violence counseling.

[212]*212At the six-month review hearing held pursuant to section 366.21, subdivision (e), on June 24, 2004, the juvenile court found Peggy in compliance with the case plan, but Richard not in compliance. At the 12-month review hearing on December 22, 2004 (§ 366.21, subd. (f)), Peggy was again found in compliance with the case plan; and Richard again not in compliance.3 In its status review report for the 12-month hearing, the Department indicated Peggy continued to receive mental health services, parenting instructions and conjoint therapy and stated, “Mother suffers from mild retardation . . . although mother continues to attend [the required programs] and make progress[,] Mother’s progress is slow and Alan’s numerous behavior problems are complex and very hard to deal with for any normal person.” The Department also noted Peggy had advised Alan’s social worker that she and Albert T., Sr., had recently had several arguments and that on November 13, 2004, Albert T., Sr., slapped her across the face. Albert T., Sr., was arrested on a domestic violence charge, and Peggy reported she was looking for a new place to live with Albert.

The Department’s report for the permanency review hearing held pursuant to section 366.22 on April 22, 2005, stated Peggy had not received family mental health services since the December 2004 hearing and had had only minimal contact with Alan. According to the report, on February 12, 2005, Peggy told Alan’s case worker, “You can keep Alan until I’m ready to take him back. Sometime later when Alan is older or maybe just leave him where he is until I’m ready and everything in my life is more settled.” The Department also noted Peggy and Richard had a history of domestic violence; and, although they were no longer living together, Peggy was again in a relationship (with Albert T., Sr.) with domestic violence. “Mother’s mental retardation, her inability to comprehend the danger that domestic violence poses to her and her children compounded with Alan’s diagnosis and behaviors is what initially brought Alan to this Court today.” As described by the Department in the jurisdiction and disposition report it subsequently prepared for Albert in December 2005, “Mother had adequate participation in these programs [ordered as part of her case plan for Alan] yet was not able to grasp the skills needed to handle Alan.”

The juvenile court found Peggy only in partial compliance with the case plan, terminated family reunification services and ordered the Department to provide permanency planning services for Alan.

[213]*2132. The Voluntary Family Maintenance and Voluntary Family Reunification Agreements, and Albert’s Return to Peggy

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Related

In Re Albert T.
50 Cal. Rptr. 3d 227 (California Court of Appeal, 2006)

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Bluebook (online)
144 Cal. App. 4th 207, 50 Cal. Rptr. 3d 227, 2006 Daily Journal DAR 14311, 2006 Cal. Daily Op. Serv. 10029, 2006 Cal. App. LEXIS 1664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-children-family-services-v-peggy-l-calctapp-2006.