Marie C. v. L.A. Cty. Dep't of Children & Family Servs.

53 Cal. App. 2d 1347
CourtCalifornia Court of Appeal
DecidedMarch 28, 1997
DocketNo. B106137
StatusPublished

This text of 53 Cal. App. 2d 1347 (Marie C. v. L.A. Cty. Dep't of Children & Family Servs.) 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
Marie C. v. L.A. Cty. Dep't of Children & Family Servs., 53 Cal. App. 2d 1347 (Cal. Ct. App. 1997).

Opinion

[1350]*1350Opinion

VOGEL (Miriam A.), J.

When two young children were essentially abandoned by their parents and taken into protective custody, their paternal grandmother gave them a home. They lived with her for three years, during which time the Department of Children and Family Services regularly praised the grandmother and the manner in which she cared for the children. When the parents stopped visiting and the children got older, there were behavioral problems and the children were removed from the paternal grandmother’s home. She did not contest the case worker’s recommendation to place the children elsewhere, but did seek de facto parent status so that she could continue to be heard concerning their care. Her request was denied, for the stated reason that her inability to control the children justified that decision. Reading between the lines, we suspect the petition was denied either because the juvenile court found the grandmother’s involvement too time consuming (she attended every hearing and was not shy about expressing her views) or too expensive (because she had not, until then, demanded a lawyer). Whatever the real reason, the record does not support the order. We reverse.

Background

Vincent C. was born in October 1990, and his sister Crystal in May 1992. Andrea P., their mother, is a sometimes dmg addict with no apparent interest in caring for her children, and Damone C., their father, is now in state prison. In March 1993, Vincent and Crystal (and their half-brother, Terrell T.) were taken from Andrea by DCFS and placed with Wanda P. (Andrea’s mother, the maternal grandmother of all three children). On good days, the children had been left at home alone and without food while their mother got high on booze and dmgs. One really bad day, they got to watch their father attack Andrea with a machete (as a result of which she needed 34 stitches). On March 24, a petition was sustained (Welf. & Inst. Code, § 300),1 after which Vincent and Crystal were placed with Marie C. (Damone’s mother, their paternal grandmother). Terrell was released to his father and he is not involved in these proceedings.

From the beginning, the case workers’ efforts to get Andrea and Damone involved with the care of their children were a complete waste of time, and in late 1993, the case worker recommended that Vincent and Crystal remain with Marie, who from the outset “provide[d] appropriate care” for them. For three years, that is where Vincent and Crystal lived, with DCFS’s unqualified approval. The reports were glowing.

[1351]*1351In May 1994, the case worker reported that “Vincent and Crystal [were] continuing] to receive consistent and appropriate care by . . . Marie . . and that Marie had “expressed a willingness to adopt” the children. DCFS recommended that Vincent and Crystal remain with Marie and they did, with the blessing of the court. In August, the case worker reported that Andrea and Damone were still uninvolved, that the children remained with Marie, “who continue[d] to take excellent care” of them, and that Marie “want[ed] to adopt her grandchildren to ensure their continued safety and well-being,” a plan supported by DCFS, Damone and both children. Even Andrea wanted her children to stay with Marie. In October 1994, Marie told the case worker that she was having second thoughts about adoption, but not about keeping the children (she said they would “always have a home” with her). She was simply concerned that a formal adoption would confuse the children, who “kn[e]w their parents and look[ed] forward to their visits.” Andrea and Damone both told the case worker they were “very agreeable to this arrangement” and both praised Marie’s care of their children. Vincent and Crystal told the case worker they were “happy living with their grandmother.” The case worker recommended long-term foster care with Marie. The court terminated reunification services for both parents and ordered DCFS to provide permanent placement services.

In April 1995, the case worker reported that Marie was “continuing] to take excellent care of her grandchildren.” Damone (who was not yet incarcerated) visited frequently but Andrea’s visits were sporadic. Marie, who lived in Hollywood and did not have a car, knew how much the children wanted to see Andrea and frequently took them by bus to Long Beach to visit their mother. As the social worker put it, Marie “knows it is very important for her grandchildren to see their mother often.” By then, Crystal had been identified as a special needs child (she has a hearing problem). Vincent was in kindergarten and was “very bonded” to both his father and Marie. The case worker, the parents, the children and Marie all favored a continuation of the long-term placement in Marie’s home, and the court agreed. A virtually identical report was submitted by the case worker in October 1995.

In December 1995, a new case worker was assigned to the case and in April 1996, the first question was raised about Marie’s continuing ability to care for the children. The new case worker “found this family to be very much in need of support and services” because the children were “totally out of [Marie’s] control.” Marie told the case worker she was having problems with the children and described “destructive behavior” by Vincent, who had ripped electrical wires from lamps, and broken doors and toys. Both children “willfully ignore[d] their Grandmother.” Marie also described some “dangerous and potentially] life threatening situations involving . . . Vincent” [1352]*1352(he had pulled away from Marie’s hand and run into the street, had tried to get off a carnival ride while it was in motion, and had turned off a department store escalator while it was in use). According to Andrea and Wanda (Andrea’s mother) and the children’s teachers, Vincent and Crystal behaved better when they were away from Marie. Marie recognized the problems and was “cooperative in her attempts to remedy her grandchildren’s behavior . . . .” Both children were in therapy. Part of the problem was that Damone was no longer around (by this time, he was in state prison).

As the case worker conceded, however, it was Marie who took “it upon herself to set up appointments for Vincent to have psychological testing done by Children’s Hospital.” It was Marie who got Crystal involved in a Head Start program and obtained speech therapy for her. Nevertheless, the case worker was of the view that Marie ought to be examined by a psychologist. Marie did not take kindly to this idea. She told the case worker “there was nothing wrong with her and she wasn’t nuts and then told [the case worker] to have the psychologist come to the house and stay overnight to see how Vincent behaves and then tell her what to do.” The case worker recommended to the court that it order a psychological evaluation of Marie, to ascertain whether she “ha[d] the emotional capacity to adequately care for her two grandchildren with their special needs.” At the same time, the case worker described Marie as a “very well meaning, sweet lady who is very specific about wanting only the best for both of her grandchildren. Yet, she is constantly frustrated and overwhelmed in her attempts to appropriately control and discipline Vincent and Crystal.” School officials suggested to the case worker that the children might be better off away from Marie and in a “residential placement with an on-grounds school . . . .” The children wanted to stay where they were. The case worker did not recommend a change at that time but did recommend against legal guardianship for Marie.

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Bluebook (online)
53 Cal. App. 2d 1347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marie-c-v-la-cty-dept-of-children-family-servs-calctapp-1997.