Riverside County Department of Public Social Services v. G. G.

188 Cal. App. 4th 687, 115 Cal. Rptr. 3d 406, 2010 Cal. App. LEXIS 1617
CourtCalifornia Court of Appeal
DecidedAugust 31, 2010
DocketNo. E049801
StatusPublished
Cited by80 cases

This text of 188 Cal. App. 4th 687 (Riverside County Department of Public Social Services v. G. G.) 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
Riverside County Department of Public Social Services v. G. G., 188 Cal. App. 4th 687, 115 Cal. Rptr. 3d 406, 2010 Cal. App. LEXIS 1617 (Cal. Ct. App. 2010).

Opinion

Opinion

RAMIREZ, P. J.

G.G. (Father) appeals from the juvenile court’s finding at the six-month review hearing that reasonable reunification services were provided to him as to his daughter, T.G., and his son, J.G. Father contends he was not provided with reasonable services between the disposition and six-month review hearings. If Father cannot obtain review of his contention on appeal, he requests discretionary writ relief.

FACTUAL AND PROCEDURAL BACKGROUND

On December 10, 2008, the Riverside County Department of Public Social Services (DPSS) filed a dependency petition pursuant to Welfare and Institutions Code1 section 300, subdivision (b), as to T.G., J.G., and an older half brother, G.A.2 An amended petition was filed on February 10, 2009. Both petitions alleged the mother (Mother) was unable to care for the children because of drug abuse, and Father, who did not live with Mother, failed to provide adequate support and protection of the children. It was further alleged Father had a criminal history related to drug abuse and domestic violence. Father tested positive for marijuana use on December 9, 2008, and admitted a long history of drug abuse and drug-related criminal offenses. In addition, Father told the social worker he had been incarcerated from July 31, 2007, until September 29, 2008, because of a domestic violence incident with Mother. The children were placed with maternal relatives.

On December 11, 2008, the court detained the children and ordered frequent and liberal visitation for both parents. Shortly after detention, the social worker reported weekly supervised visitation by both parents with the children. The record indicates Father’s last visit with the children occurred in March or April 2009 due to Father’s incarceration for a parole violation in April 2009.

[691]*691At the jurisdiction/disposition hearing on March 18, 2009, the juvenile court found the allegations in the petition to be true, concluded the children fell within section 300, ordered the children removed from the parents’ custody, approved the case plan, directed the social worker to provide reunification services to the parents, and ordered the parents to participate in the services. Under the case plan, Father was required to adhere to a visitation schedule, participate in substance abuse treatment, an anger management program, individual counseling and random drug testing, and to comply with the conditions of his parole.

The six-month review hearing was originally scheduled for September 9, 2009, but was continued until October 14, 2009. At the six-month review hearing, Father’s counsel asked the court to find Father was not provided with visitation while incarcerated since April 2009. He also wanted the court to find Father was not provided with reasonable services while in custody beginning April 2009. Based on the record before it, the court continued the children as dependents of the court, and made the following relevant findings and orders: (1) the care, custody, and control of the children should remain with DPSS; (2) Father’s progress toward alleviating or mitigating the causes necessitating placement was inadequate; (3) the parents have failed to make substantive progress or complete the case plan; and (4) family reunification services should be continued. In addition, the court ordered DPSS to provide Father with correspondence classes while in prison and to insure telephonic visitation with the children.

DISCUSSION

Appealability

Citing Melinda K. v. Superior Court (2004) 116 Cal.App.4th 1147 [11 Cal.Rptr.3d 129] (Melinda K.), DPSS argues the juvenile court’s reasonable services finding at the six-month review hearing is not appealable under section 395 because Father only challenges this finding in isolation and cannot show he was aggrieved by the juvenile court’s six-month review order; the court did not take any adverse action against him based on the finding and continued his reunification services for another six months. In addition, DPSS urges us not to exercise our discretion to treat Father’s appeal as a petition for writ of mandate.

Disagreeing with the holding in Melinda K., Father contends the reasonable services finding contained within the order made at the six-month review hearing is appealable because orders subsequent to disposition are generally appealable and the reasonable services finding is adverse to his parental interests. According to Father, he is an aggrieved party under section 395 [692]*692because the finding placed an obstacle in his path to reunifying with his children and complicated his ability to obtain appellate relief. He urges us to construe his appeal as not simply from an “isolated” reasonable services finding, but from an adverse finding that is part of an appealable order after judgment under section 395.

“Juvenile dependency law does not abide by the normal prohibition against interlocutory appeals ...” (In re Edward H. (1996) 43 Cal.App.4th 584, 590 [50 Cal.Rptr.2d 745].) Under subdivision (a)(1) of section 395, “[a] judgment in a proceeding under Section 300 may be appealed in the same manner as any final judgment, and any subsequent order may be appealed as an order after judgment.” “ ‘In a section 300 proceeding, the order entered at the dispositional hearing is a final judgment.... [Citations.]’ ” (In re Melvin A. (2000) 82 Cal.App.4th 1243, 1250 [98 Cal.Rptr.2d 844].) “[T]he court’s dispositional and following orders are directly appealable, with the exception of an order scheduling a selection and implementation hearing under section 366.26. [Citations.]” (Dwayne P. v. Superior Court (2002) 103 Cal.App.4th 247, 259 [126 Cal.Rptr.2d 639].) “Generally ... a parent may not attack the validity of a prior appealable order for which the statutory time for filing an appeal has passed. [Citation.]” (Ibid.)

“Generally, a parent who is aggrieved by an order after judgment in a juvenile dependency proceeding may take an appeal from that order. (§ 395.) ‘To be aggrieved, a party must have a legally cognizable immediate and substantial interest which is injuriously affected by the court’s decision. A nominal interest or remote consequence of the ruling does not satisfy this requirement.’ [Citation.]” (In re Holly B. (2009) 172 Cal.App.4th 1261, 1265 [92 Cal.Rptr.3d 80].) “For purposes of appellate standing in dependency cases, a parent is aggrieved by a juvenile court order that injuriously affects the parent-child relationship. [Citation.] ‘The parent’s primary interest in dependency is usually reunification. While the case is still in reunification, the parent’s standing to assert errors affecting the rights of the other parent or the child ... is fairly clear because there may be shared interests.’ [Citations.]” (In re Paul W. (2007) 151 Cal.App.4th 37, 62 [60 Cal.Rptr.3d 329].)

As in this case, the court in Melinda K., supra, 116 Cal.App.4th at pages 1150 and 1152, continued reunification services at the six-month review hearing, and the mother’s appeal only challenged the reasonable services finding made at this hearing. The appellate court concluded the reasonable services finding was not appealable under section 395, because “mother was not aggrieved by the finding . . . given that services were continued for at least another six months and no negative consequence flowed from the reasonable services finding.” (Melinda K., at p.

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Cite This Page — Counsel Stack

Bluebook (online)
188 Cal. App. 4th 687, 115 Cal. Rptr. 3d 406, 2010 Cal. App. LEXIS 1617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riverside-county-department-of-public-social-services-v-g-g-calctapp-2010.