R.T. v. Superior Court

202 Cal. App. 4th 908, 136 Cal. Rptr. 3d 309, 2012 Cal. App. LEXIS 16
CourtCalifornia Court of Appeal
DecidedJanuary 11, 2012
DocketNo. C069345
StatusPublished
Cited by74 cases

This text of 202 Cal. App. 4th 908 (R.T. v. Superior Court) 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
R.T. v. Superior Court, 202 Cal. App. 4th 908, 136 Cal. Rptr. 3d 309, 2012 Cal. App. LEXIS 16 (Cal. Ct. App. 2012).

Opinion

Opinion

DUARTE, J.

In this extraordinary writ proceeding, we answer the question of whether petitioner’s effort to treat her chronic substance abuse problems constituted a “reasonable effort” such that the bypass provisions of Welfare and Institutions Code1 section 361.5, subdivision (b)(10) and (11), were rendered inapplicable to her in evaluating her child’s case.

[911]*911As we will explain, we hold that substantial evidence supports the juvenile court’s finding that petitioner’s efforts were not “reasonable” as required to avoid application of the relevant statutory provisions. Accordingly, we shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Shasta County Health and Human Services Agency (the Agency) filed a dependency petition pursuant to section 300 in July 2011, regarding minor, then three and a half years old. Minor’s father, H.T. (father), had been arrested for domestic violence and child endangerment; the parents had been living in a tent at a “ ‘homeless’ camp,” and father’s arrest resulted when he reportedly cut up the tent with a box cutter and threatened to kill minor’s mother, R.T. (mother), after seeing her in a “ ‘sexual position’ ” with another person.

According to the petition, mother admitted that she and father had used methamphetamine the night before minor’s removal and that they had consumed alcohol that same day. Mother asserted that father’s violent behavior toward her had “escalated.” The petition alleged that the homeless camp was “littered with garbage and had no toilet facilities” and that the parents had barely any food and no resources to obtain food despite having received $490 in cash and $421 in food stamps within the preceding six days.

The petition further alleged that, in 2006, the parents failed to reunify with minor’s sibling P.T., whose removal in 2005 was based on the parents’ substance abuse and “chronic homelessness,” and that minor himself had been the subject of a previous dependency case from late February through November of 2009.

The petition indicated that mother, who turned 26 in August 2011, had used illegal drugs since age 11, beginning with marijuana and progressing to methamphetamine by age 16. The jurisdiction report further chronicled mother’s extensive substance abuse history. Mother had tested positive for methamphetamine twice while pregnant with P.T. in 2004, and had relapsed twice during P.T.’s dependency proceedings, which were initiated in 2005. The parents participated only marginally in reunification services in P.T.’s case, and their parental rights were terminated in 2006.

Minor was bom in late 2007, and in July 2008, it was “discovered that crack cocaine was being smoked in the house with [minor] present.” By September of 2008, father was in jail, and mother reported crack cocaine use [912]*912by both parents. The parents were provided voluntary services and mother completed a drug program, the details and duration of which are not clear from the record.

In February 2009, when minor was 15 months old, he was placed in protective custody because the parents were living under a bridge and were not providing minor with adequate food and shelter. According to the social worker, this situation stemmed, in part, from the parents’ use of drugs and alcohol. The parents secured housing and participated in services, and minor was returned to them later that year.

In December 2010, during an investigation of a domestic violence incident where father allegedly punched mother in the face, mother admitted she had “relapsed” four months earlier but maintained she “was clean since then, although still smoking THC.”

In April 2011, a referral was received alleging “[ejmotional [a]buse.” Father reported that he and mother “were both smoking methamphetamine” and mother had gone to a women’s shelter. He claimed mother was “using” and he was concerned for the welfare of minor.

Following minor’s removal in July 2011, minor was “very verbal regarding the domestic violence issues between his parents and other members of his family.”

According to an addendum report in September 2011, approximately two months after minor’s removal, mother was living in a safe residence and was “actively trying to separate herself from” father—she reported not seeing or speaking to him for “over three weeks.” She was on time for visits with minor and was following the recommendations from her mental health assessment. She also claimed she had started a perinatal drug program and was attending 12-step meetings, although she had not provided documentation of her participation in these programs.

Notwithstanding mother’s recent efforts, the social worker recommended that reunification services not be provided to her or father under section 361.5, subdivision (b)(10) and (ll).2 The social worker cited mother’s continued substance abuse despite two prior dependency proceedings and her unsuccessful participation in three treatment programs.

[913]*913At the disposition hearing, mother’s attorney made an offer of proof that mother would testify as follows: (1) after her parental rights to RT. were terminated, she started but did not complete a perinatal program; (2) she completed a six-month program in 2009 and remained clean for one year; and, (3) after minor’s most recent removal, she began a program at “Trinity House” involving 16 meetings per month, signed up for a parenting class, attended “a few” 12-step meetings, and was waiting for a “bed” to become available at a program called “Teen Challenge.” The court and county counsel noted the absence of any progress reports regarding mother’s participation in any program, as had the social worker’s report.

Mother’s attorney argued that mother’s attempts to address her substance abuse and her ability to remain clean for a period of time were evidence that she had made a reasonable effort to treat the problems leading to P.T.’s removal as required to avoid application of the bypass provisions at issue.

The juvenile court sustained the allegations in the petition and adopted the dispositional findings and orders recommended by the social worker, including a finding that, subsequent to the termination of reunification services and parental rights in P.T.’s case, the parents had not made a reasonable effort to treat the problems that led to removal of P.T.

DISCUSSION

Mother contends there was insufficient evidence to support the juvenile court’s finding that she failed to make a reasonable effort to treat the problems that led to removal of minor’s sibling P.T.3 We disagree.

[914]*914Ordinarily, when a child is removed from parental custody, the juvenile court must order services to facilitate the reunification of the family. (§ 361.5, subd. (a).) “ ‘Nevertheless, as evidenced by section 361.5, subdivision (b), the Legislature recognizes that it may be fruitless to provide reunification services under certain circumstances. [Citation.] Once it is determined one of the situations outlined in subdivision (b) applies, the general rule favoring reunification is replaced by a legislative assumption that offering services would be an unwise use of governmental resources.’ ” (Renee J. v. Superior Court (2001) 26 Cal.4th 735, 744 [110 Cal.Rptr.2d 828,

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Cite This Page — Counsel Stack

Bluebook (online)
202 Cal. App. 4th 908, 136 Cal. Rptr. 3d 309, 2012 Cal. App. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rt-v-superior-court-calctapp-2012.