Orange County Social Services Agency v. A.W.

172 Cal. App. 4th 1268, 91 Cal. Rptr. 3d 785, 2009 Cal. App. LEXIS 493
CourtCalifornia Court of Appeal
DecidedMarch 26, 2009
DocketNo. G040791
StatusPublished
Cited by10 cases

This text of 172 Cal. App. 4th 1268 (Orange County Social Services Agency v. A.W.) 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
Orange County Social Services Agency v. A.W., 172 Cal. App. 4th 1268, 91 Cal. Rptr. 3d 785, 2009 Cal. App. LEXIS 493 (Cal. Ct. App. 2009).

Opinion

[1270]*1270Opinion

FYBEL, J.—

Introduction

A.W. (Mother) is the mother of R.W., who was taken into protective custody at the age of nine in May 2001. Mother appeals from the juvenile court order made on July 17, 2008, limiting Mother’s right to make educational decisions for R.W. and the order consenting to the implementation of an individualized education plan (IEP)1 recommendation to place R.W. at the Cathedral Home for Children (Cathedral Home) in Laramie, Wyoming. We conclude the orders were not an abuse of the juvenile court’s discretion and therefore affirm.

Facts and Proceedings in the Juvenile Court

R. W. ’s History in the Dependency System

When the juvenile court made the order limiting parents’ educational rights, R.W. was 16 years old and had been in the dependency system for over seven years. R.W. and her three siblings were removed from the parents’ custody in May 2001 based on charges both Mother and R.W.’s stepfather physically and emotionally abused them. (R.W.’s father is not a party to the appeal and his whereabouts are unknown.) In May 2001, the juvenile court ordered the children detained and, in September 2001, declared them dependent children of the court under Welfare and Institutions Code section 360, subdivision (d).

Due to her increasing behavioral problems, psychological evaluations were ordered for R.W., and the court approved a request to prescribe her psychotropic drugs. She has remained on a periodically adjusted regimen of psychotropic medications since then.

[1271]*1271Throughout her time in the dependency system, R.W. has suffered from severe emotional and behavioral problems that have manifested themselves in tantrums, assaults, “ ‘intense aggressive behaviors,’ ” defiance, death threats, and destruction of property. As early as November 2002, her behavior was described as “ ‘dangerous’ ” and she had required physical restraint “on numerous occasions including protective separation.” In 2006, one group home asked the Orange County Social Services Agency to remove her because she had made death threats to staff members and residents. She was placed in juvenile hall in 2006 and again in 2007 for assaulting staff and destroying property. By August 2007, R.W. had two separate delinquency charges of assault and battery against her.

When detained in 2001, R.W. was placed in the Orangewood Children’s Home (Orangewood). Since then, R.W. has been moved no less than 18 times. She has been placed in four different group homes, has been returned unsuccessfully to Mother for a 60-day trial period, has been placed unsuccessfully with a stepfather, has had two unsuccessful foster placements, has been hospitalized twice, has been placed in juvenile hall twice, has lived with siblings, and has been in and out of Orangewood six times. A potential foster placement with relations in Indiana did not come through.

In November 2002, the juvenile court terminated reunification services and found R.W. was not adoptable and had nobody willing to accept legal guardianship. The court ordered R.W. to remain in long-term foster care. Nonetheless, R.W. moved back in with Mother on a 60-day trial basis in February 2004. During the trial visit, Mother protested against participating in in-home counseling, avoided R.W.’s therapeutic behavioral services coach, did not return phone calls from social workers, and took R.W. to only two individual therapy sessions in seven weeks.

The trial visitation ended abruptly in April 2004, when R.W. was hospitalized after being left with her maternal grandmother while Mother went on a trip to Las Vegas. R.W. alleged she had been abused while in the grandmother’s care.

In August 2007, R.W. was placed with her sister, who was living in an apartment with their younger brother. The placement seemed to go well at first, but ended sadly in January 2008, when R.W. lost her temper after her sister would not let her use the computer. The brother had to physically restrain R.W. while her sister called the police. R.W. was hospitalized, then [1272]*1272returned to Orangewood in January 2008. R.W. has lived at Orangewood since then. Every attempt to find a suitable placement for her has been unsuccessful.

R. W. ’s Education

R.W.’s place of schooling periodically changed too. For over three years, she attended “non-public” elementary and junior high schools in Orange. At a meeting in September 2005, an IEP for R.W. was developed by which she would transition to public high school. In late 2005, while residing at a group home, she started this transition to a public high school in Costa Mesa, and attended that public high school full time starting in January 2006. Later that year, when she returned to Orangewood, she started attending its onsite school.

After being placed in a foster home in late 2006, R.W. started attending public high school in Cypress. She continued at the public high school while living with her sister. When R.W. was returned to Orangewood in January 2008, she reentered its onsite school, where she earned an award for most improved in academics. RW.’s grades at every school have generally been good, usually C’s and B’s, with some A’s, a few D’s and some F’s in physical education.

Appointment of Educational Attorney and IEP Team

In June 2006, the juvenile court appointed an educational attorney, Kathleen Loyer, to represent R.W.’s educational needs. In September 2006, R.W.’s educational attorney reported to the court, “[w]e have continued our attempts to engage [R.W.]’s parent, [Mother], with no success. The parent has stated she wants nothing to do with us.” In September 2006, the educational attorney suggested the court appoint a responsible adult to make educational decisions on R.W.’s behalf “given [Mother’s] inconsistent cooperation in matters related to the minor’s education.”

In February 2008, soon after R.W. had been returned to Orangewood, her educational attorney requested an “emergency, expanded IEP team meeting be convened as soon as possible so as to request that the minor be assessed to assure [R.W.] is receiving appropriate services” including mental health services ranging- from outpatient to residential treatment. R.W.’s educational [1273]*1273attorney conferred with Mother, who indicated she would consent to the evaluation.

The social worker reported in March 2008, “[R.W.]’s behavior makes her impossible to place without the assistance of AB3632.[2] Since [R.W.] was returned to Orangewood Children’s Home on January 25, 2008, [she] has had incidents requiring the intervention of the Orange County Sheriff. She was restrained once, tossed over the tables once and once threw food at staff.”

An IEP team meeting to initiate an Assembly Bill No. 3632 (1983-1984 Reg. Sess.) placement was conducted in March 2008. Mother was notified of the meeting but did not participate. R.W.’s educational attorney reported, “[R.W.] is now being evaluated for placement within an RTC [residential treatment center] where she could be afforded a therapeutic milieu to more effectively deal with her mental health needs. The assessment/placement process . . . could take up to 90 days.” During the meeting, a possible placement at Girls and Boys Town in Trabuco Canyon was discussed.

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Cite This Page — Counsel Stack

Bluebook (online)
172 Cal. App. 4th 1268, 91 Cal. Rptr. 3d 785, 2009 Cal. App. LEXIS 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orange-county-social-services-agency-v-aw-calctapp-2009.