Orange County Social Services Agency v. Joseph B.

99 Cal. App. 4th 11, 120 Cal. Rptr. 2d 714, 2002 Cal. Daily Op. Serv. 4985, 2002 Daily Journal DAR 6322, 2002 Cal. App. LEXIS 4210
CourtCalifornia Court of Appeal
DecidedJune 6, 2002
DocketNo. G029812
StatusPublished
Cited by2 cases

This text of 99 Cal. App. 4th 11 (Orange County Social Services Agency v. Joseph B.) 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. Joseph B., 99 Cal. App. 4th 11, 120 Cal. Rptr. 2d 714, 2002 Cal. Daily Op. Serv. 4985, 2002 Daily Journal DAR 6322, 2002 Cal. App. LEXIS 4210 (Cal. Ct. App. 2002).

Opinion

Opinion

O'LEARY, J.

Joseph B.1 appeals the juvenile court’s jurisdiction and disposition orders regarding his daughter, Joy M., contending: (1) the court improperly relied on a psychological evaluation report to deny family reunification services; (2) the court otherwise erred by denying such services; (3) the court should have allowed monitored telephone visitation between Joseph and Joy; and (4) insufficient evidence supported one of the grounds for the court’s jurisdictional finding. We affirm.

Joseph had a long history of paranoid schizophrenia, but his stepmother claimed he did “wonderfully” when he complied with his treatment. Joy’s mother, who had a history of mental illness and hospitalizations, disappeared when Joy was a baby. Cynthia B. became Joy’s babysitter, and within a short time she began to date Joseph. They eventually married, and the marriage lasted about seven years.

[14]*14The marriage was strained by Joseph’s mental illness, failure to take his medication regularly, drug and alcohol abuse, and sudden rages and domestic violence. Before the couple separated, Joseph’s inappropriate behavior increased, including the throwing and breaking of objects and assaultive behavior toward Joy and Cynthia. In a reported incident in 1998, Joseph kicked and pinched Joy.

Cynthia separated from Joseph in August 2000, and they divorced in December. Joseph had custody of Joy, but Cynthia had visitation every Wednesday and every other weekend. Things did not go well from there. Joy was unkempt and dirty and complained she was often hungry.

A child abuse report was filed against Joseph three weeks after he and Cynthia separated. It contained allegations Joseph neglected Joy and struck her on the head and shoulders. The report was deemed inconclusive, however. Another report, filed in November 2000, substantiated claims of neglect and minor battery. Joseph claimed at the time that the television was evil and talked to him.

A third report indicated Joseph’s condition was deteriorating and he was in denial about his mental illness. He was not taking his medication and was drinking. The social worker observed increasing risk and noted Joy basically cared for herself.

The incident leading to dependency proceedings occurred in May 2001. When Cynthia arrived to pick up Joy for a Wednesday visit, Joseph became especially violent. He screamed and engaged Cynthia in a scuffle. Joy was sandwiched between them, and when Joseph pushed Cynthia off the porch, both she and Joy fell. Joseph began hitting Cynthia but was stopped by a neighbor.

When the police arrived, Joseph told them he had never been married and he did not know Cynthia. He claimed, in essence, Cynthia had tried to kidnap Joy. He was arrested and charged with inflicting injury on a child and cruelty to a child.

Joy said she was always afraid of her dad and he was mean, yelled at her, and called her names. She indicated Joseph had not been taking his medication regularly and she was often hungry.

[15]*15Joy was released to Cynthia, whom she called “mom.” Joseph was in custody at the detention hearing and remained in jail or involuntarily hospitalized during most of the dependency proceedings.2 A social worker interviewed him at the jail in June, and although he denied suffering from mental illness and claimed he regularly took his medications, he spoke in incomplete sentences and used meaningless words.

Joseph’s jail psychiatric case manager reported he was unstable and uncooperative and avoided treatment. He was suffering from delusions and the staff was unsure whether he was swallowing his medication. At the detention hearing, the social worker requested psychological evaluations to determine Joseph’s functional level, but that request was denied after Joseph objected. In her jurisdiction/disposition report in late June, the social worker again requested the evaluations, specifying they were necessary to determine whether Joseph could benefit from reunification services.

While he was out of custody awaiting the jurisdiction hearing, Joseph was uncooperative with his care coordinator at the county mental health department. He refused psychiatric treatment, including medication and therapy. He was not functional at all, seeming angry and depressed over losing custody of Joy. The care coordinator believed Joseph needed hospitalization and a conservator.

Joseph’s former psychiatrist told the social worker Joseph is clearly psychotic and disorganized. He treated Joseph for six to nine months sometime before Joy was taken from him. Joseph apparently cooperated with the treatment program then, but the psychiatrist had not seen him recently. The psychiatrist opined that if Joseph was refusing medication and was secluding himself in his residence, he would not benefit from reunification services, and it might not be safe to have Joy reside with him.

While the jurisdiction hearing was pending, Joy said she did not want to return to her father and never wanted to see him again. Joy initially indicated she might be willing to speak with him on the telephone but later refused to do so. She was happy and doing well in Cynthia’s care.

At the jurisdiction hearing in mid-August, Joseph submitted the case on the social worker’s reports. The court struck allegations of drug and alcohol use but otherwise sustained the petition. The petition contained allegations Joseph suffered from an unresolved mental illness, his ability to care for Joy [16]*16was impaired, Joy was exposed to domestic violence in the home, and Joseph remained incarcerated in the jail’s psychiatric unit.

The Orange County Social Services Agency (SSA) again asked the court to appoint two mental health care professionals to evaluate whether Joseph would benefit from reunification services and asked for a 30-day continuance to facilitate the reports. Joseph’s attorney objected to the appointment and objected to the continuance, saying Joseph had not been given notice SSA would seek to deny reunification services on the ground he was mentally disabled.

Counsel for SSA noted the social worker’s June report contained a recommendation for evaluations for that purpose, and the court ordered two professionals qualified under the Family Code to be appointed to evaluate whether Joseph would benefit from reunification services. It continued the hearing for one month.

A psychiatrist and a psychologist were appointed to do the written evaluations. The psychiatrist reported Joseph was being held involuntarily in a psychiatric ward. He was in denial about his mental illness and constantly spat out oral medication, requiring an emergency injection of antipsychotic and antianxiety drugs. His psychotic behaviors were increasing, and he was disorganized, agitated, and hallucinating. Nevertheless, Joseph believed he was the perfect father.

The psychiatrist concluded Joseph’s mental illness and antisocial behavior made it likely Joy would be abused and neglected if she were returned to his custody and it was unlikely he would benefit from reunification services within a year. The psychiatrist recommended no visitation.

In her report, the psychologist opined Joseph suffered from severely disabling mental illness and he presently was unable to benefit from reunification services. She concluded he would be a danger to Joy’s physical and emotional health until he could be psychiatrically stabilized.

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Related

In re A.N. CA4/2
California Court of Appeal, 2013
In Re Joy M.
120 Cal. Rptr. 2d 714 (California Court of Appeal, 2002)

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Bluebook (online)
99 Cal. App. 4th 11, 120 Cal. Rptr. 2d 714, 2002 Cal. Daily Op. Serv. 4985, 2002 Daily Journal DAR 6322, 2002 Cal. App. LEXIS 4210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orange-county-social-services-agency-v-joseph-b-calctapp-2002.