Los Angeles County Department of Children & Family Services v. Tryphena R.

136 Cal. App. 4th 437, 38 Cal. Rptr. 3d 876, 2006 Cal. Daily Op. Serv. 1099, 2006 Daily Journal DAR 1499, 2006 Cal. App. LEXIS 143
CourtCalifornia Court of Appeal
DecidedFebruary 3, 2006
DocketNo. B183517
StatusPublished
Cited by1 cases

This text of 136 Cal. App. 4th 437 (Los Angeles County Department of Children & Family Services v. Tryphena R.) 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. Tryphena R., 136 Cal. App. 4th 437, 38 Cal. Rptr. 3d 876, 2006 Cal. Daily Op. Serv. 1099, 2006 Daily Journal DAR 1499, 2006 Cal. App. LEXIS 143 (Cal. Ct. App. 2006).

Opinion

Opinion

FLIER, J.

Tryphena R., mother of four-year-old Aaliyah, appeals from two juvenile court orders: an order denying a petition for modification under Welfare and Institutions Code section 3881 and an order terminating parental rights. Mother asserts the court abused its discretion in denying her section 388 petition by disregarding significant factors that compelled either the child’s return to mother’s custody or further family reunification services. [440]*440Mother further asserts the court erred in terminating parental rights because the parental relationship exception under section 366.26, subdivision (c)(1)(A) applies.2 We affirm.

FACTS

Mother was 15 years old and a dependent child of the court when she gave birth to Aaliyah in January 2002. After her birth, Aaliyah resided with mother at St. Anne’s Group Home (St. Anne’s), a residential placement with specialized services for teens who are pregnant or have children.

The record indicates a long period of unstable behavior by mother, not the least of which was her neglect and refusal to take care of Aaliyah, despite the juvenile court’s extensive efforts to avert loss of mother’s parental rights.

In August 2002, when Aaliyah was seven months old, the Los Angeles County Department of Children and Family Services (Department) filed a petition under section 300, subdivision (b) on Aaliyah’s behalf. The petition as amended alleged that mother was a minor herself and had only a limited ability to care for her child and that she had left Aaliyah unattended without adult supervision and in a poor state of hygiene.3 The court ordered Aaliyah to be detained in foster care with monitored visits for mother.

The Department provided documentary evidence, supported by mother’s admissions, that she was frustrated with caring for her baby, screamed at and neglected the baby, had limited ability to care for the baby, was chronically noncompliant with placement rules and regulations and needed work with anger management in relation to her peers.

In October 2002, the juvenile court found the amended petition to be true and declared Aaliyah a dependent of the juvenile court. The court ordered six months of reunification services for mother and ordered her to attend individual counseling to address case issues including anger management. The court allowed weekly monitored visits between mother and Aaliyah and gave the Department discretion to liberalize and increase the visits.

At mother’s request, Aaliyah was placed in the home of Mildred J. (Mildred), who was an extended family member and then caretaker of mother’s sister. At this time, St. Anne’s was providing mother with a number [441]*441of services, including parenting education, individual and group counseling, 24-hour medical care, 24-hour staff support, sex education and family planning, individual educational counseling, an on-site school, food, a clothing allowance, passes for visits with Aaliyah as well as with mother’s family and transportation assistance.

In March 2003, the Department reported to the court that Mildred had asked the Department to remove Aaliyah and her aunt from Mildred’s home after mother made unfounded allegations that Mildred was neglecting Aaliyah. The Department reported that mother was showing overall improvement, but she was not complying with the rules and regulations at her placement. She continued to have issues with anger management, of going AWOL (absent without leave) and inappropriate interaction with her peers. During this period, mother had monitored visits with Aaliyah and had begun attending to Aaliyah’s needs during the visits.

In June 2003, mother’s case manager at St. Anne’s testified that although mother’s behavior had recently improved, her behavior was inconsistent and she had been “struggling.” Nonetheless, the court found that mother had made substantial progress towards alleviating and mitigating the causes that had required Aaliyah’s placement. Over the Department’s objections, the juvenile court ordered Aaliyah to be placed with mother and ordered the Department to provide mother with further family maintenance services.

The court imposed several conditions in placing Aaliyah with mother: mother was to remain at St. Anne’s, continue in its structured program of parenting, participate in “mommy and me” classes and continue to attend Alateen meetings. The court determined the permanent plan would be Aaliyah’s return to the home of her mother with termination of jurisdiction as the goal.

Mother, however, did not do well after Aaliyah returned to her care. Approximately four months later, in October 2003, the Department filed a supplemental juvenile dependency petition alleging mother was unable to continue caring for Aaliyah. Mother had again neglected Aaliyah and then reportedly had gone AWOL with her, only to call a relative the following day to request that she come and get the child. Mother told the social worker she wanted Aaliyah back in foster care and no longer wanted to care for the child. The juvenile court ordered Aaliyah to be detained in shelter care and ordered the Department to provide mother with monitored visits and family reunification services.

In early December 2003, the Department reported that mother had gone AWOL from St. Anne’s in November 2003 and was still AWOL as of the date [442]*442of the report. The report detailed numerous instances of mother’s neglecting Aaliyah. Mother had told other residents she wanted her freedom, was frustrated with Aaliyah and was going to have Aaliyah taken away. Mother told staff members she wanted to “give Aaliyah back.” She told another resident that she “loved her new boyfriend so much that she couldn’t keep Aaliyah and be with him.” The court modified its June 2003 order and directed that Aaliyah remain a dependent and suitably placed in shelter care.

In January 2004, the court sustained an amended supplemental petition stating that mother was unable to continue to provide ongoing care for her child. The court found the previous court disposition had not been effective in Aaliyah’s “rehabilitation or protection.” The court allowed mother a minimum of twice weekly two-hour monitored visits with her child.

In March 2004, the juvenile court determined mother had only inconsistently complied with the case plan and terminated mother’s reunification services because the time for such services had run. However, over the Department’s objection, the court ordered the Department to provide mother with “family reunification like” services. The court terminated its June 2003 “home of parent-mother” order and directed that Aaliyah be suitably placed. The court allowed mother visits of “no less than twice a week or as frequent as possible in a neutral setting.”

From March 2004 to May 2004, mother regularly visited Aaliyah without incident. She behaved appropriately with the child and was attentive, alert and nurturing. However, the Department reported to the court that mother’s current caregiver had reported behavioral problems with mother leading to the possibility mother would need a new placement.

The court convened a number of permanency planning hearings under section 366.26. For a permanency planning hearing in July 2004, the Department reported that Aaliyah, then two years old, was a happy, smiling, talkative, highly intelligent and easily engaged child.

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Related

In Re Aaliyah R.
38 Cal. Rptr. 3d 876 (California Court of Appeal, 2006)

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Bluebook (online)
136 Cal. App. 4th 437, 38 Cal. Rptr. 3d 876, 2006 Cal. Daily Op. Serv. 1099, 2006 Daily Journal DAR 1499, 2006 Cal. App. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/los-angeles-county-department-of-children-family-services-v-tryphena-r-calctapp-2006.