Merced Cty. Human Serv. Agency v. Michelle H.

54 Cal. App. 4th 955, 97 Daily Journal DAR 5569, 63 Cal. Rptr. 2d 230, 97 Cal. Daily Op. Serv. 3228, 1997 Cal. App. LEXIS 341
CourtCalifornia Court of Appeal
DecidedApril 30, 1997
DocketNo. F025993
StatusPublished
Cited by13 cases

This text of 54 Cal. App. 4th 955 (Merced Cty. Human Serv. Agency v. Michelle H.) 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
Merced Cty. Human Serv. Agency v. Michelle H., 54 Cal. App. 4th 955, 97 Daily Journal DAR 5569, 63 Cal. Rptr. 2d 230, 97 Cal. Daily Op. Serv. 3228, 1997 Cal. App. LEXIS 341 (Cal. Ct. App. 1997).

Opinion

Opinion

THAXTER, J.

The question presented here is whether a parent has a right under Welfare and Institutions Code section 350, subdivision (c)1 (hereafter section 350(c)) to present evidence in support of a dependency petition when the county human services agency and counsel for the minor agree the [958]*958petition should be dismissed for lack of evidence. We conclude the parent does not have such right under the facts of this case.

Factual and Procedural Background

On December 5, 1995, the Merced County Human Services Agency (Agency) filed a petition pursuant to section 300, subdivision (d) alleging that Casey H. sexually abused his six-year-old son, Eric. The Agency investigated the allegations and concluded Eric’s reports were suspect. Eric’s parents, Casey and Michelle, were divorced and had battled over custody in the preceding months. Eric had been living with Michelle with regular visits to Casey. During the custody proceedings, Michelle and Eric accused Casey of physically abusing Eric. The court appointed Dr. Robert Suiter, a clinical psychologist, to evaluate the parties.

After a two-day trial and review of Dr. Suiter’s report, the family law court concluded Eric was not a “credible reporter” regarding the alleged physical abuse. It found Michelle was extremely manipulative, desired to interfere with the father-child relationship, and had indicated to Eric that his father was a child abuser. She also was overprotective of Eric to the detriment of his best interests. In addition, Michelle was “extremely evasive” in her answers during the trial and only wanted to answer the questions in the manner she thought they should be answered. She refused on numerous occasions to give a direct answer, even to her own attorney. On the other hand, the court found Casey was extremely credible, a good reporter, not evasive, and gave straight answers. On August 7, 1995, the court found the allegations of physical abuse not true and awarded sole legal and physical custody of Eric to Casey, with regular visitation for Michelle.

On July 31, 1995, Eric first told his therapist Casey sexually abused him. Eric next reported sexual abuse on August 16, 1995, to a paralegal and licensed clinical social worker that Michelle happened to be visiting. Eric’s disclosures were reported to the Agency. An Agency social worker interviewed Eric on August 24, 1995, but was unable to substantiate any abuse. Eric next reported sexual abuse by his father to a friend of his mother’s on November 4, 1995. The same Agency social worker was in the process of investigating that report when Michelle brought Eric to the Merced Sheriff’s Office on December 2, 1995. Eric told a sheriff’s office detective and two Agency social workers that his father made him masturbate and orally copulate him. At that time, Eric was removed from his father’s custody and placed in foster care. The court permitted supervised visitation by both parents.

[959]*959The court appointed an expert witness pursuant to Evidence Code section 730 to render an opinion as to Eric’s competency to testify. The expert, Debra A. Johnson, Ph.D., was unable to interview and evaluate Eric before the time set for the jurisdictional hearing. Therefore, the social study was prepared without that input.

M. Patrick Drayton was the Agency social worker assigned to Eric’s case. On December 7, Mr. Drayton supervised a visit between Eric and Casey. The visit was uneventful. The next morning, Michelle called Mr. Drayton, “enraged” that Eric had had contact with Casey. She accused Mr. Drayton of forcing Eric to visit Casey. Mr. Drayton then received a call from Eric’s foster mother who said Michelle told her that Mr. Drayton had hit Eric while Eric was being driven for the visit. Mr. Drayton reported the accusation to his supervisor and requested an investigation. An Agency social worker interviewed Eric and the foster mother. The foster mother indicated Eric made the complaint after a lengthy conversation with Michelle. Eric reported that Mr. Drayton had pushed his thumb into his back in the visiting room, causing pain which he still felt. The worker examined Eric’s back but found no marks or bruising. The social worker determined the report was unfounded.

Thereafter Mr. Drayton interviewed the parties for the social study. He reported that Casey denied the allegations and believed they were planted by Michelle in an effort to regain custody. Michelle refused to make a statement until she had spoken with her attorney. Eric said he wanted to go home with his mother.

Mr. Drayton questioned Eric’s credibility regarding the reported molestations. He noted that most experts in the field of child sexual abuse tend to believe the testimony of children who report sexual abuse if their statements meet certain criteria. In custody cases, however, the criteria are not as useful because the child might have been coached and instructed to give appropriate answers to meet the criteria. Workers in the sexual abuse field recognized the problem and were developing techniques to deal with those situations. In this case, the court had appointed an expert to examine Eric in this regard. Mr. Drayton concluded, unless that examination indicated to the contrary, he believed Michelle’s prior history of manipulation, combined with her extreme efforts to control Eric and the fact she falsely accused Mr. Drayton of physically abusing Eric, combined to make Eric’s statements suspect. In view of Mr. Drayton’s doubts, he recommended the court find the allegations not true and dismiss the petition.

Dr. Johnson interviewed Eric on January 9, 16, 23 and 29, 1996. She found Eric to be a bright, verbal child. During the first interview, Eric [960]*960volunteered that he wanted to live with his mother because his father was “stupid” and a “robber who had taken all of mom’s money.” He only talked about the inappropriate touching when asked specifically. He related that Casey had touched him in ways he did not like and pointed to his crotch area. On further questioning, he said Casey had touched him with his index finger but he could not remember whether he had clothes on, what time of day it had occurred or where the event had taken place. On the fourth interview, he did not remember how Casey had touched him, when he had touched him, or where the molest had occurred. “I just know he’s bad, but I can’t remember why.” When directly asked, he said Casey had hit him on the head with his fist.

Dr. Johnson concluded that because Eric’s molest report to her did not match his report in the sheriff’s office on December 2, 1995, his recall of details faded quickly over the additional 20 days, his view of his father had clearly been contaminated by outside sources and his history of unfounded reports, the credibility of his molest report was “highly questionable.”

The jurisdictional hearing was continued several times to April 15, 1996. On February 5, 1996, however, the court granted the request of Casey (Eric’s counsel in the dependency proceeding, Ms. Oliver, concurred) that Eric be placed with Casey who was living in his parents’ house.

The criminal aspect of the sexual molestation report was turned over to the Attorney General’s office apparently because a deputy district attorney would be a witness in the case.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Merced County Human Services Agency v. Sandy M.
1 Cal. App. 5th 606 (California Court of Appeal, 2016)
Los Angeles County Department of Children & Family Services v. Elizabeth D.
234 Cal. App. 4th 438 (California Court of Appeal, 2015)
Los Angeles County Department of Children & Family Services v. Guadalupe E.
209 Cal. App. 4th 1241 (California Court of Appeal, 2012)
In Re Paul W.
60 Cal. Rptr. 3d 329 (California Court of Appeal, 2007)
In Re Marilyn A.
55 Cal. Rptr. 3d 647 (California Court of Appeal, 2007)
Bridget A. v. Superior Court
148 Cal. App. 4th 285 (California Court of Appeal, 2007)
In Re Carissa G.
90 Cal. Rptr. 2d 561 (California Court of Appeal, 1999)
Orange County Social Services Agency v. Alicia A.
76 Cal. App. 4th 731 (California Court of Appeal, 1999)
County of Fresno v. Shelton
78 Cal. Rptr. 2d 272 (California Court of Appeal, 1998)
In Re Christopher T.
60 Cal. App. 4th 1282 (California Court of Appeal, 1998)
L.A. Cty. Dep't of Children & Family Servs. v. Lisa A.
60 Cal. App. 2d 1282 (California Court of Appeal, 1998)
In Re Eric H.
54 Cal. App. 4th 955 (California Court of Appeal, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
54 Cal. App. 4th 955, 97 Daily Journal DAR 5569, 63 Cal. Rptr. 2d 230, 97 Cal. Daily Op. Serv. 3228, 1997 Cal. App. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merced-cty-human-serv-agency-v-michelle-h-calctapp-1997.