Orange Cty. Soc. Servs. Agency v. Sharon C.

58 Cal. App. 4th 1479, 97 Cal. Daily Op. Serv. 8537, 97 Daily Journal DAR 13791, 69 Cal. Rptr. 2d 1, 1997 Cal. App. LEXIS 906
CourtCalifornia Court of Appeal
DecidedNovember 6, 1997
DocketNo. G021127
StatusPublished
Cited by1 cases

This text of 58 Cal. App. 4th 1479 (Orange Cty. Soc. Servs. Agency v. Sharon 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 Cty. Soc. Servs. Agency v. Sharon C., 58 Cal. App. 4th 1479, 97 Cal. Daily Op. Serv. 8537, 97 Daily Journal DAR 13791, 69 Cal. Rptr. 2d 1, 1997 Cal. App. LEXIS 906 (Cal. Ct. App. 1997).

Opinion

Opinion

SONENSHINE, J.

Sharon C., the minor’s paternal aunt and de facto parent, appeals from the juvenile court’s order of December 13, 1996, denying her petition for modification under Welfare and Institutions Code section 388.1 She contends Orange County Social Services Agency (SSA) improperly removed then five-year-old Cynthia C. from her home without due process of law. She further challenges the court’s denial of her requests for an ordered placement and a bonding study.

We partially publish our opinion because we decide an issue of first impression—whether, when there has been no ordered placement with a specific caretaker, section 387 requires SSA, before removing the child, to file a supplemental petition, give notice of a hearing and prove the existence of conditions which constitute a substantial risk of harm to the child. As we will explain, the answer is, “No.” When a general placement order vests SSA with the minor’s custody and the discretion to select suitable placement, the agency may, without further court order, react to changed circumstances by removing the child from an environment it deems no longer suitable and selecting another placement. We expressly do not decide issues implicating the relatives’ status as potential adoptive parents; such issues were not preserved for appeal. (See fn. 12, post.)

I

This case comes before us via an extremely convoluted route, with alternating turns of elation and disappointment, joy and despair—a rocky road leading ultimately to a child’s separation from the only adult caretakers she had known since birth. We recount the factual and procedural history at some length.

[1482]*1482Cynthia was bom January 30, 1991. Due to her parents’ substance abuse and utter unreliability, she was rarely in their company and far more frequently in the care of her father’s brother, William C., and his wife, Sharon. She became a permanent resident of their home at 10 months of age.

SSA filed a dependency petition on Cynthia’s behalf on March 2, 1992, alleging the father’s incarceration and both parents’ drug and alcohol abuse. At the detention hearing, SSA approved of the minor’s placement with William and Sharon. In July, Cynthia was declared a dependent. SSA was vested with custody of the minor for suitable placement. The court ordered a reunification plan for the parents and granted William and Sharon de facto parent status.

Cynthia’s mother and father failed to complete any aspect of their service plan. At the 12-month review hearing on July 13, 1993, the court terminated their reunification services and scheduled a permanency hearing under section 366.26. SSA, concluding adoption was probable, recommended assessment of William and Sharon as an adoptive resource.

Unfortunately, about the same time, disturbing information surfaced. There were child abuse registry reports (CAR’s) alleging physical abuse of the couple’s four minor sons, who shared the family residence.2 Additionally, William, unemployed and receiving disability income as a result of a back injury, was involved in protracted litigation which the social worker perceived as “undermining] the stability of the family and leading] to family tensions.”

Thérefore, in November, SSA, expressing second thoughts, noted “family issues . . . preclude recommending [Cynthia’s] adoption” by William and Sharon. But recognizing the “close bond” and the aunt and uncle’s “unwavering” commitment to their niece, the agency again recommended long-term foster care, to provide the couple “sufficient time to satisfactorily resolve their interpersonal family problems.” William and Sharon had already begun counseling; they agreed with the plan, “participating willingly and without resistance,” hoping they would soon be reconsidered as adoptive parents. SSA believed there was an excellent prospect for that eventual outcome. At the November 10 section 366.26 hearing, the parties stipulated to the court’s findings that return of the minor to the parents would create a substantial risk of detriment to her well-being, subdivision (c)(1)(D) of the [1483]*1483statute applied,3 continued supervision was necessary and long-term foster care was appropriate. Cynthia’s custody remained vested with SSA for suitable placement.

By April 1994, things were going well with the aunt and uncle and SSA again recommended the couple be assessed as an adoptive home for Cynthia. But the rosy glow was short-lived. By June, William and Sharon had discontinued their counseling due to more problems, and their therapist opined she had “not seen [them] long enough in couples counseling to fully assess their ability to continue to provide the kind of stability required of prospective adoptive parents.” SSA recommended, and the parties stipulated to the court’s finding, long-term foster care remained the proper plan.

November brought some improvement. William and Sharon had begun “consistent" participation in counseling to enhance their marital stability. There had been no “notable incidents of concern” within the family for some time, and “the problems that led to the original referral for counseling appealed] to have stabilized considerably.” The therapist now opined Cynthia would benefit greatly from the relatives’ adoption of her. SSA, giving William and Sharon credit for their continuing struggle to overcome the problems which had delayed the adoption process, once more recommended adoption as the permanent plan, including consideration of William and Sharon as potential adoptive parents. The court agreed and scheduled another hearing under section 366.26.

In April 1995, in a supplemental court report for the permanency hearing, SSA reported that a psychological evaluation for adoptive assessment purposes had not yet been completed, but anticipated the results would be positive. It stated, “There is no doubt that [William and Sharon] will raise this minor with a great deal of love and concern.” It found “no [apparent] reason why [the couple would] not receive an approved home study enabling the adoption of the minor.” Nonetheless, the agency expressed certain reservations, noting, “There has been a significant amount of difficulty in getting [William and Sharon] to complete the home study. There are still several documents outstanding and the home study has not yet been approved. [The couple] den[ies] any ambivalence about adopting, reporting instead that there have been many outside stresses in their family that have [1484]*1484interfered with the completion of the home study in a timely manner.” The social worker further expressed concerns about the “overall marital stability,” suggesting the couple might be remaining together because of their four sons and Cynthia. Based on some background data, she was also worried about William’s possible alcohol abuse.

Nonetheless, SSA recommended terminating Cynthia’s parents’ rights, freeing the minor for adoption and referring her for adoptive placement. Accordingly, on April 5, 1995, the court made the requisite findings and entered orders terminating parental rights, selecting adoption as the minor’s permanent plan, and approving SSA’s continued discretion to place Cynthia with her relatives or “any other adult deemed appropriate.”

In September’s periodic review, SSA reported William and Sharon were in the process of adopting the minor. On December 8, the couple petitioned for adoption.4

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

Related

People v. Trujillo
2014 COA 72 (Colorado Court of Appeals, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
58 Cal. App. 4th 1479, 97 Cal. Daily Op. Serv. 8537, 97 Daily Journal DAR 13791, 69 Cal. Rptr. 2d 1, 1997 Cal. App. LEXIS 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orange-cty-soc-servs-agency-v-sharon-c-calctapp-1997.