Los Angeles County Department of Children & Family Services v. Stephanie S.

132 Cal. App. 4th 158, 33 Cal. Rptr. 3d 220, 2005 Daily Journal DAR 10465, 2005 Cal. Daily Op. Serv. 7701, 2005 Cal. App. LEXIS 1344
CourtCalifornia Court of Appeal
DecidedJuly 27, 2005
DocketNo. B181003
StatusPublished
Cited by1 cases

This text of 132 Cal. App. 4th 158 (Los Angeles County Department of Children & Family Services v. Stephanie S.) 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. Stephanie S., 132 Cal. App. 4th 158, 33 Cal. Rptr. 3d 220, 2005 Daily Journal DAR 10465, 2005 Cal. Daily Op. Serv. 7701, 2005 Cal. App. LEXIS 1344 (Cal. Ct. App. 2005).

Opinion

Opinion

BOREN, P. J.

Appellant Stephanie S. appeals from the December 6, 2004, order of the juvenile court terminating parental rights over her daughter, Marina S. (born September 2002). We affirm, as substantial evidence supports the court’s finding that the minor was likely to be adopted.

FACTUAL AND PROCEDURAL SUMMARY

Marina was bom with a positive toxicology screen for amphetamines. As a result of appellant’s dmg use and arrest, the Los Angeles County Department of Children and Family Services (DCFS) took Marina into custody on February 16, 2003, and then placed her with her maternal grandparents. Appellant and Marina had lived with the grandparents until two weeks before the minor was taken into protective custody. Appellant was then homeless and requested that DCFS place Marina in the home of the grandparents.

The DCFS social worker contacted the grandmother, who was interested in having Marina placed with her, and conducted criminal clearances for all adults in the home. The background checks came back clear. The grandparents’ home met health and safety standards and appeared appropriate for the child, who had resided there before and was bonded to the family members.

[161]*161On February 20, 2003, DCFS filed a dependency petition. (Welf. & Inst. Code, § 300, subd. (b).)1 The petition alleged, in pertinent part, appellant’s failure or inability to protect her child since the child was bom with a positive toxicology screen for amphetamines, and appellant had a history of substance abuse (amphetamines and methamphetamine) and had failed to complete a drug rehabilitation program, rendering her incapable of providing regular care for the child and endangering the child’s physical and emotional health. At the initial detention hearing, the juvenile court found that DCFS had established a prima facie case and detained Marina, who was placed in the custody of her maternal grandparents. Appellant was entitled to monitored visitation.

At the jurisdictional hearing on April 2, 2003, the juvenile court sustained the dependency petition, and ordered DCFS to ensure appellant had visits with Marina at least twice a week and to permit the grandmother to take Marina to appellant’s program to visit her. As indicated in the DCFS report before the court, appellant (then 18 years old) admitted using methamphetamines on a weekly basis since she was 14 years old, using drags around the time Marina was bom, and testing “dirty” in her drug rehabilitation program. Appellant had no background of family violence or substance abuse, but she was a chronic runaway and completed high school while finishing her probation term in youth camp.

The DCFS report also indicated that appellant wanted to regain custody of her daughter, but was reluctant to enter a full-time residential program because it would interfere with her newly acquired job. According to the grandmother, appellant’s visits with Marina generally went well, though by the end of March appellant had seen her only 10 times in the prior 45 days. Also, on occasion appellant failed to show up for arranged visits, and appellant would sometimes yell at Marina and threatened to put her in a closet if she did not behave.

As indicated in the next DCFS report, the progress report for June 2003, the grandmother informed the social worker that appellant had left her residential drug treatment program because she did not like it and it was too restrictive. Appellant had refused to attend the group sessions, but wanted to enter an outpatient program. Appellant had regular visits at the grandmother’s home, but not overnight visits with Marina.

[162]*162At the disposition hearing on June 12, 2003, the juvenile court declared Marina a dependent of the court and ordered DCFS to provide appellant reunification services. The court ordered appellant to attend a drug rehabilitation program with random drug testing, parent education, individual counseling, and counseling to ensure a stable and sober lifestyle. The court also permitted monitored visitations, with DCFS having discretion to change it to unmonitored visits, and authorized the grandmother to arrange monitored visits as often as every day if feasible for her.

After six months of reunification, on October 22, 2003, DCFS reported that Marina remained in her grandmother’s home, where she was healthy and happy and developing normally. The child did not exhibit any emotional or mental problems and was alert. The grandmother provided excellent care for Marina and tended to all of her needs, arranging for “well baby” medical exams and monitored visits with appellant.

Appellant had enrolled in a residential drug treatment program, but she was unsuccessful. She also was terminated from an outpatient program due to a relapse and excessive absences, and she provided no proof of enrollment in the requisite parenting program. Appellant blamed her failures on a lack of stable housing. The grandmother did not believe appellant was mature or capable enough to take care of Marina, and the grandparents were “interested in adoption or legal guardianship” of Marina.

At the conclusion of the six-month review hearing, the juvenile court found that reasonable reunification services had been provided and the return of Marina to appellant’s care would create a substantial risk of detriment to the child. It terminated reunification services and set a section 366.26 hearing.

At the time of the section 366.26 hearing on February 2, 2004, DCFS reported that Marina was still in the home of her grandparents where she continued to do well. Marina was attached to her grandparents, secure in their care, and progressing age appropriately with no developmental, mental or emotional problems. The grandparents were committed to nurturing and protecting Marina. However, they were at that point reluctant to adopt Marina because they thought that at some point appellant might be mature enough to regain custody of her, and they did not want to remove that possibility from appellant. But the grandparents were interested in becoming Marina’s legal guardians.

[163]*163The DCFS social worker assessed the grandparents’ social history, criminal history, child welfare history, motivation for seeking adoption or legal guardianship, relationship with Marina, capacity to meet the child’s needs, commitment to a permanent plan for the child, and understanding of legal and financial rights. The grandparents had no prior record with child welfare services and had no criminal record, as indicated by fingerprint searches by the Department of Justice, Bureau of Criminal Identification and Information, as of January 28, 2004. Regarding appellant, she had missed some drug tests and had enrolled in but not completed a sober living program, indicating she was inconsistent in obtaining treatment for her substance abuse problems.

At the February 2, 2004, hearing, the juvenile court appointed the grandparents as Marina’s legal guardians. By the August 2, 2004, hearing, however, the grandparents indicated they were “definitely interested in adopting Marina.”

Marina, who resided with the grandparents, was progressing well and in what the social worker deemed a safe and nurturing home. Appellant was not consistent in her visitation with Marina, and during an approximately seven-month period she had six negative drug tests and failed to show up for testing on 12 occasions.

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Related

In Re Marina S.
33 Cal. Rptr. 3d 220 (California Court of Appeal, 2005)

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Bluebook (online)
132 Cal. App. 4th 158, 33 Cal. Rptr. 3d 220, 2005 Daily Journal DAR 10465, 2005 Cal. Daily Op. Serv. 7701, 2005 Cal. App. LEXIS 1344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-children-family-services-v-stephanie-s-calctapp-2005.