Los Angeles County Department of Children & Family Services v. Tricia T.

93 Cal. App. 4th 377, 2001 Cal. Daily Op. Serv. 9284, 2001 Daily Journal DAR 11557, 113 Cal. Rptr. 2d 163, 2001 Cal. App. LEXIS 851
CourtCalifornia Court of Appeal
DecidedOctober 29, 2001
DocketNo. B147625
StatusPublished
Cited by1 cases

This text of 93 Cal. App. 4th 377 (Los Angeles County Department of Children & Family Services v. Tricia T.) 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. Tricia T., 93 Cal. App. 4th 377, 2001 Cal. Daily Op. Serv. 9284, 2001 Daily Journal DAR 11557, 113 Cal. Rptr. 2d 163, 2001 Cal. App. LEXIS 851 (Cal. Ct. App. 2001).

Opinion

Opinion

JOHNSON, J.

In this juvenile dependency proceeding, we conclude the sustained allegations of the petition are insufficient to establish juvenile court jurisdiction. Accordingly, we reverse the court’s jurisdiction and disposition orders and remand the matter to the juvenile court.

Facts and Proceedings Below

Appellant Tricia T. is the mother of six children. Two of mother’s children are adults and live independently from mother. Four of mother’s children are minors. When detained, Janet T. was 14 years old, Donald T. was 12 years old, Dorothy was four years old, and Tercel T. was then two years old. Donald T., Sr., who lives in the State of Washington, is Janet and Donald’s father. Tercel T., Sr., who lives in San Diego, is Dorothy and Tercel, Jr.’s father.

In early June 2000 mother moved with the children from San Diego to Pasadena to be near her adult son and his family. On June 7, 2000, mother and her four minor children took up residence at the Union Station shelter in Pasadena. A week later the shelter made a referral to the Los Angeles County Department of Children and Family Services (DCFS) regarding mother and her children. The shelter’s referral alleged mother was “neglecting her children by not watching them and failing to meet their medical needs. The two youngest children, Tercel 2, and Dorothy 4, had head lice and Donald, 12, appeared to be very depressed.” The two older children, Janet and Donald, informed the shelter’s counselor they had not attended school for several months.

A social worker interviewed mother shortly thereafter. Mother stated she and the children had been in numerous shelters since October 1999, when she was evicted from her apartment in San Diego. In March 2000 mother and the children moved in with an acquaintance. She left the residence when she discovered her daughter Dorothy had been molested by the acquaintance’s two young sons. Mother also informed the social worker San Diego Children’s Services had removed Tercel, Jr., for failure to thrive. He was returned to mother’s care four months later in April 1998.

The DCFS offered mother family preservation and voluntary family maintenance services. Mother appeared interested in receiving those services. [381]*381However, she and her children left the Union Station shelter without informing the DCFS of her new location.

The DCFS in the meantime received information concerning mother’s history with San Diego Children’s Services. A psychiatric evaluation report dated February 15, 1999, indicated mother suffered from schizoaffective disorder, bipolar type. According to this report, mother had been “rescued” in her efforts to take care of her children by the intervention of social services. The evaluator considered mother’s situation “quite precarious in terms of uncertainty about her decision making and ability to consistently attend to [the] responsibility of caring for her children.” The doctor suggested mother take medications to stabilize her moods and behavior.

Between March 30 and May 24, 2000, there were six referrals to San Diego Children’s Services regarding mother and her children, involving: the allegation Dorothy had been molested; an allegation by Burger King employees they saw mother holding her two youngest children off the ground by their hair; a shelter’s allegation of severe neglect because Dorothy fell out of her stroller and suffered a skull fracture; an allegation the children rarely attended school; and an allegation of inappropriate discipline. After investigation, San Diego Children’s Services closed each case, finding each referral either inconclusive or unfounded.

Nevertheless, San Diego Children’s Services reported mother displayed a “distinct lack of parenting skills. She appears to believe that everyone is out to get her and that nothing is her fault. . . . For example, mother insisted the children attended school regularly, despite documentary evidence to the contrary.” In the San Diego caseworker’s opinion, the children were dirty, uncared for, and without a change of clothes. Despite her situation the worker reported mother was uncooperative and refused all offers of assistance. The San Diego worker concluded her report with the suggestion: “All referrals on this family should be given a high priority as this family is at extremely high risk.”

Shortly thereafter, mother and the children moved to Pasadena.

On June 29, 2000, the DCFS took the children into protective custody when mother’s daughter-in-law called the DCFS to say mother and her children were at her residence but she was unable to care for them. Mother’s daughter-in-law told the DCFS mother had made no plans for the children’s care and had no resources to do so. Mother’s adult son stated he loved his mother but was concerned for his siblings. He told the worker the children needed a permanent home so they could attend school and have a stable life.

[382]*382The DCFS placed the children in foster care. A few days later the DCFS filed a Welfare and Institutions Code section 3001 petition which, as amended, alleged mother had failed to ensure Janet’s and Donald’s school attendance; this failure created a risk of physical and emotional harm for siblings Dorothy and Tercel; and mother demonstrated numerous mental and emotional problems, which endangered the children’s physical and emotional health.2

At the detention hearing on July 5, 2000, mother entered a general denial to the allegations of the petition. The juvenile court found a prima facie case under section 300, subdivisions (b), (g) and (j) for detaining the children. The court ordered monitored visits for mother, but gave the DCFS discretion to liberalize her visits. The court also gave the DCFS discretion to release the minors to an appropriate relative and directed the DCFS to explore the possibility of enrolling Janet and Donald in summer school.

The two oldest minors provided statements for the report prepared for the jurisdiction hearing. Donald stated he had head lice but some special shampoo had helped. Donald explained why he did not attend school regularly. He said they did not have a permanent place to stay so they did not register for school. He figured he either missed half a semester or half of a school year. He stated he last attended the 7th grade but did not complete the school year. Janet was beginning the 9th grade but could not recall how much school she had missed. Janet confirmed she had not attended school for several months. A letter from a teacher at their elementary school indicated Janet and Donald had attended school half the time since their enrollment in December 1999. The teacher observed Janet and Donald had developed a “code of silence” regarding the reason for their absences and about their life with mother.

Both children stated they wished mother had a permanent home so they could all live together again. The two other children were too young to make any statement.

The DCFS interviewed mother. She denied her children had ever missed school. She claimed they attended some sort of classes offered by the various shelters. Mother also characterized the allegations she had neglected her children’s medical care as lies.

Mother acknowledged she was periodically depressed and/or suffered from post-traumatic stress disorder. She attributed these emotional problems [383]*383to being raped by her brothers when she was young.

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Related

In Re Janet T.
113 Cal. Rptr. 2d 163 (California Court of Appeal, 2001)

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Bluebook (online)
93 Cal. App. 4th 377, 2001 Cal. Daily Op. Serv. 9284, 2001 Daily Journal DAR 11557, 113 Cal. Rptr. 2d 163, 2001 Cal. App. LEXIS 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-children-family-services-v-tricia-t-calctapp-2001.