Riverside Cnty. Dep't of Pub. Soc. Servs. v. R.B. (In re S.K.)

231 Cal. Rptr. 3d 171, 22 Cal. App. 5th 29
CourtCalifornia Court of Appeal, 5th District
DecidedApril 11, 2018
DocketE068464
StatusPublished
Cited by9 cases

This text of 231 Cal. Rptr. 3d 171 (Riverside Cnty. Dep't of Pub. Soc. Servs. v. R.B. (In re S.K.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riverside Cnty. Dep't of Pub. Soc. Servs. v. R.B. (In re S.K.), 231 Cal. Rptr. 3d 171, 22 Cal. App. 5th 29 (Cal. Ct. App. 2018).

Opinion

FIELDS J.

*172*32I. INTRODUCTION

S.K. was born with methamphetamine in his system and, after defendant and appellant, R.B. (mother), absconded with him, he was hospitalized with toxic levels of oxycodone in his system. The juvenile court removed S.K. from mother based on her untreated substance abuse. On appeal, mother challenges the court's finding that the social worker exercised due diligence in conducting an investigation "to identify, locate, and notify" S.K.'s relatives of his removal. ( Welf. & Inst. Code, § 358, subd. (b)(2).)1 We affirm.

II. FACTS AND PROCEDURE

Plaintiff and respondent, Riverside County Department of Public Social Services (DPSS), received a referral in February 2017 alleging newborn S.K. was exhibiting signs of drug withdrawal, but mother refused to allow a toxicology screen. Hospital staff "bagged" S.K. to obtain a urine sample and left him in a crib at mother's bedside. The bag was either improperly secured or tampered with and did not produce a sample sufficient to run a toxicology screen. The medical social worker opined that it was possible but unlikely that the bag was improperly secured. Mother denied tampering with the bag. The hospital ordered a meconium drug screen,2 which results would be available in four to five days.

When interviewed at the hospital, mother reported that she was not in a relationship with G.K. (father) and father did not want anything to do with her or S.K. She was living "on and off" at maternal grandmother's home or the home of a close friend. She planned to reside with her close friend upon discharge from the hospital. Mother admitted to using drugs in the past but denied using after learning of her pregnancy. The meconium test was positive for methamphetamine and opiates. DPSS verified that hospital staff had given mother morphine and Norco on the day she went into labor.

After DPSS's initial contact with mother, she disappeared and ceased contact with DPSS. Approximately one month later, in late March 2017, DPSS received another referral alleging S.K. and mother had been transported to the hospital by ambulance. S.K. had suffered a seizure when mother *33was feeding him. His urine drug screen revealed a toxic level of oxycodone in his system. Hospital staff admitted S.K. to the neonatal intensive care unit. He was "not doing well" and was "in danger of not pulling through this ordeal." He was unable to breathe without assistance and was nonresponsive. Mother denied breastfeeding S.K. and said that she only fed him formula. She could not explain how S.K. got oxycodone in his system. She said she "sporadically" used methamphetamine and used heroin, but never around S.K. *173Mother wanted DPSS to contact S.N. about placing S.K. with her. S.N. is the mother of one of father's adult children-that is, one of S.K.'s half siblings. Mother described S.N. as a good friend who had babysat S.K. before. DPSS contacted S.N., who was willing to take placement. S.N. had abused substances in the past and had her own dependency history, but she had been clean and sober since 2002.

Neither mother nor S.N. had contact information for father. DPSS's search of the Jail Information Management System revealed no matches for father.

In April 2017, DPSS filed a petition alleging that (1) S.K. tested positive for methamphetamine and opiates at birth, and approximately a month later, he suffered a seizure and had high levels of oxycodone in his system, (2) mother had an extensive and untreated history of abusing controlled substances, (3) father's whereabouts were unknown and he had failed to provide for S.K., and (4) mother failed to cooperate with preplacement preventative services. (§ 300, subds. (b), (g).)

At the detention hearing in April 2017, the court found a prima facie case that S.K. came within section 300, subdivisions (b) and (g), and detained him from the parents. S.K.'s condition had improved and the hospital was ready to discharge him. Mother was not present, but mother's counsel indicated she was also asking for placement with maternal great-aunt S.B. While mother provided a last name for maternal great-aunt, it was not her married name, and mother was unsure of her married name. Mother told counsel she had given the phone number for maternal great-aunt to the social worker. The court noted: "[DPSS] is obviously obligated to look at any and all reasonable relatives or suitable relatives for placement. So to the extent that ... [S.B.], unknown married name, was given as a potential relative, [DPSS] will make inquiries and see if that person is available for relative placement." S.K.'s counsel also asked that DPSS look into placement with C.W., who was the paternal grandmother and legal guardian of mother's first child (and thus another one of S.K.'s half siblings). The court ordered DPSS to look into C.W. and ordered mother to disclose the names, addresses, and phone numbers of relatives, to the extent she had that information. The court noted *34that father's name sounded familiar. Mother's counsel agreed and thought he might be a "possible father on another case." The court ordered DPSS "to look into the father's name."

DPSS placed S.K. in a foster home in early April 2017. It conducted a CWS/CMS database search for maternal great-aunt and C.W., but the search yielded no results.3 The jurisdictional/dispositional report did not contain a statement from mother because DPSS had been unable to contact her despite multiple attempts. The telephone number mother had provided was disconnected, and DPSS received no response to the messages it left at maternal grandmother's home. Mother did not appear for a scheduled visit with S.K. DPSS had been trying to contact mother, in part to get contact information for maternal great-aunt and C.W. But because it had been unable to reach mother, and because its database search yielded no results, DPSS had not contacted either woman to discuss placement. DPSS had left a message for S.N. and sent her notice of S.K.'s removal.

*174In the three weeks between the detention and jurisdictional/dispositional hearings, DPSS conducted searches for father in an online directory (www.whitepages.com), the CWS/CMS database, the superior court's databases, the local jails and state prisons databases, and DPSS records to determine whether father had ever received aid at an address in Riverside. It also checked with child support services. Still, it had not located father. The social worker referred the case to the parent locator unit for a further search.

At the jurisdictional/dispositional hearing in April 2017, mother submitted a waiver of rights and the court found the allegations of the petition to be true. As to the placement issue, mother objected that DPSS had not used due diligence to locate possible relatives for placement. Mother denied intentionally losing contact with DPSS. She indicated she had been trying to contact the social worker formerly assigned to the case and finally spoke with the current social worker the day before the hearing.

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Bluebook (online)
231 Cal. Rptr. 3d 171, 22 Cal. App. 5th 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverside-cnty-dept-of-pub-soc-servs-v-rb-in-re-sk-calctapp5d-2018.