Orange County Social Services Agency v. C.C.

197 Cal. App. 4th 1095, 128 Cal. Rptr. 3d 341, 2011 Cal. App. LEXIS 976
CourtCalifornia Court of Appeal
DecidedJune 30, 2011
DocketNo. G044595
StatusPublished
Cited by36 cases

This text of 197 Cal. App. 4th 1095 (Orange County Social Services Agency v. C.C.) 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. C.C., 197 Cal. App. 4th 1095, 128 Cal. Rptr. 3d 341, 2011 Cal. App. LEXIS 976 (Cal. Ct. App. 2011).

Opinion

Opinion

FYBEL, J.

I.

Introduction

C.C. (Mother) and R.J. (Father) are the unmarried and estranged parents of A.J., who was born in June 2000. Mother appeals from the jurisdictional/ [1097]*1097dispositional order finding jurisdiction over A.J. under Welfare and Institutions Code section 300, subdivisions (b), (c), and (g);1 terminating dependency proceedings; and granting Father sole physical custody of A.J. Mother contends substantial evidence did not support the juvenile court’s jurisdictional findings. We conclude substantial evidence supported the jurisdictional findings under section 300, subdivision (c) (section 300(c)) that A.J. is suffering or is at substantial risk of suffering serious emotional damage. We therefore affirm.

II.

Facts and Proceedings in the Juvenile Court

A. Mother’s False Child Abuse and Abduction Reports.

A.J. is the only child of Mother and Father, who never married. In July 2007, after Mother and Father parted ways, the family law court ordered Mother and Father to share legal and physical custody of A.J. She lived primarily with Father.

In July 2010, a child abuse referral was made alleging Father tried to push Mother out of a moving car while AJ. was in the car. The referral also indicated Mother reported that Father had abducted A.J. while she attended an annual summer visit with her maternal relatives. Ultimately, the reports were shown to be false.

On July 23, 2010, A.J. returned home early from her summer visit as a result of Mother’s false child abduction report. On the same date, Mother filed an application for a restraining order to protect herself and A.J. from Father. Mother alleged she had previously suffered domestic violence by Father, and she feared for A.J.’s safety. Two days after filing the application for the restraining order, Mother left AJ. in Father’s care for one hour and never returned for her. On July 27, 2010, A.J. was asleep in Father’s home when law enforcement officers served Father with a copy of the restraining order. Father immediately contacted his attorney and the Fullerton Police Department because he did not want to violate the restraining order, which required him not to be within 100 yards of A.J. or Mother.

B. A.J. Is Taken into Protective Custody.

Senior social worker Maria Valadez was assigned to investigate the child abuse referral. Mother told Valadez that she feared for her and A.J.’s lives [1098]*1098and claimed that Father raped and molested AJ. When Valadez told Mother neither she nor Father could take custody of AJ., Mother refused to believe Valadez was a “real” social worker. When Valadez informed Mother that A.J. would be placed in protective custody, Mother claimed Valadez was making a “sick joke” and threatened to file a police report.

AJ. was taken into protective custody on the ground of Mother’s failure to protect and provide support for her. Mother was informed of the detention hearing date but did not appear at the hearing on July 30, 2010. The juvenile court detained A.J., found Father to be A.J.’s presumed father, and ordered no visits between A.J. and him until the restraining order was modified. A.J. was placed with her paternal grandmother.

C. Social Worker Interviews Prove Mother’s Allegations Against Father to Be False.

1. A.J.

On September 1, 2010, senior social worker Rudy Banuelos reported A.J. wished to live with Father and her paternal grandmother. Before her removal, A.J. lived primarily with Father and visited Mother “one or two days.” As to Mother’s abduction report, AJ. said Mother had given her permission to visit her maternal relatives, just as she had done for several previous summers. A.J. had spoken with Mother by telephone during the visit and did not understand why she reported A.J. had been kidnapped. A.J. said her parents argue and Mother usually starts the argument. Father does not argue with Mother but separates himself from her. A.J. denied her parents engaged in any physical violence.

A.J. told Banuelos that she heard Mother threaten to get Father in trouble by making false allegations that he kidnapped and molested A.J. The story about Father pushing Mother out of a moving car was untrue. A.J. explained that while leaving a McDonald’s restaurant drive-through, Mother became angry, cussed at Father, and tore the bag of food. Father asked Mother not to cuss in front of A.J., but Mother continued. Father drove Mother back to her house, and the car was completely stopped when Mother got out.

A.J. told Banuelos that nearly every day, Mother calls the paternal grandmother and leaves nasty messages. Mother and her fiancé argue and swear a lot in AJ.’s presence. Mother sometimes fails to show up for a visit. Father always encouraged A.J. to visit Mother.

2. Father

Father said he lived with Mother for three years before they separated in 2003. In 2007, a family law court order gave them joint legal and physical [1099]*1099custody of A.J. Despite the order, Mother did not use her visitation and AJ. resided primarily with Father in the home he shared with the paternal grandmother. Father confirmed that Mother sometimes does not show up for visits. Father also confirmed that Mother had given A.J. permission to visit her maternal relatives over the summer; he was shocked to learn Mother reported A.J. had been abducted.

Father admitted to one prior child abuse report, substantiated in 2007, as a result of domestic violence between Mother and him. He claimed Mother scratched him and threw a chair at him. Mother and A.J. reported that Father choked Mother. Father was arrested as a result of this incident. Since then, Father has not engaged in domestic violence with Mother. In contrast, Mother yells and swears a lot in front of AJ.

3. Mother

Mother gave Banuelos a different account of events. Mother claimed A.J. stays with her every day and only spends every other weekend with Father. As to the incident at the McDonald’s restaurant, Mother claimed Father reached into the backseat, grabbed the bag of food, cussed at her, grabbed her by the collar, and pushed her out of the car. Mother said she obtained a restraining order against Father because, on June 29, 2010, she went to Father’s home to see A.J. and Father closed the door on her face. Mother knocked again and put her foot in the doorway. Father told Mother to leave and, as she turned to leave, her sandal got caught in the door.

Mother denied knowing of or approving A.J.’s visit to her maternal relatives. Mother filed the abduction charges because she was upset that no one had let her know A.J. was going to visit her side of the family. When Banuelos told Mother that both Father and A.J. said they had obtained Mother’s permission for the visit, Mother claimed the questions must have been phrased poorly or A.J. was confused. Mother denied ever threatening to report that Father had allegedly raped and molested A.J.

4. Maternal Grandmother and Aunt

Family services worker Mariluz Duran spoke with the maternal grandmother, who stated she was comfortable with placing AJ. with the paternal grandmother.

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Cite This Page — Counsel Stack

Bluebook (online)
197 Cal. App. 4th 1095, 128 Cal. Rptr. 3d 341, 2011 Cal. App. LEXIS 976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orange-county-social-services-agency-v-cc-calctapp-2011.