San Bernardino Cnty. Children & Family Servs. v. C.T. (In re Molly T.)

238 Cal. Rptr. 3d 326, 27 Cal. App. 5th 538
CourtCalifornia Court of Appeal, 5th District
DecidedSeptember 24, 2018
DocketE069626
StatusPublished

This text of 238 Cal. Rptr. 3d 326 (San Bernardino Cnty. Children & Family Servs. v. C.T. (In re Molly T.)) 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
San Bernardino Cnty. Children & Family Servs. v. C.T. (In re Molly T.), 238 Cal. Rptr. 3d 326, 27 Cal. App. 5th 538 (Cal. Ct. App. 2018).

Opinion

CODRINGTON, J.

*541I.

INTRODUCTION

In dependency proceedings, " 'reunification services' are 'activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation, when the child cannot safely remain at home, and needs temporary foster care , while services are provided to reunite the family.' " ( In re A.C . (2008) 169 Cal.App.4th 636, 643, 88 Cal.Rptr.3d 1.) In this case, defendant and appellant, C.T. (Mother), appeals from the dependency court's dispositional judgment granting Mother reunification services in her absence, under Welfare and Institutions Code section 361.5.1

Mother claims that her whereabouts were unknown on the date of the dispositional hearing for purposes of subdivision (b)(1) of section 361.5. Unlike other provisions of section 361.5, subdivision (b), a finding that the whereabouts of the parent or guardian are unknown under subparagraph (1) results in the setting of a six-month hearing rather than a selection and implementation hearing. If the court denies reunification services under section 361.5, subdivision (b)(1) and if the whereabouts of the parent become known within the first six months, the court may then order reunification services. ( § 361.5, subd. (d).) As a result, a parent could potentially gain six *542more months to reunify with the child up to the maximum 12-month period of reunification services from the date of entry into the dependency system. ( § 361.5, subd. (a)(1)(B).) In our case, section 361.5, subdivision (b)(1) was found not applicable and reunification services were ordered in Mother's absence. If mother does not participate in the first six-month period, then the court is likely to set a selection and implementation hearing at the six-month review hearing. (§ 366.21, subd. (e)(3).) Mother contends that the dependency court abused its discretion by commencing reunification services rather than withholding services under subdivision (b)(1) of section 361.5. Mother, in essence, *330seeks to use this bypass provision ( § 361.5, subd. (b)(1) ) as a sword by arguing that the trial court abused its discretion by granting her reunification services instead of denying them under section 361.5, subdivision (b)(1).

In support of her contention, Mother argues that the dependency court misconstrued subdivision (b)(1) of section 361.5, that the court acted contrary to the intent of section 361.5 and that, in so doing, the court prejudiced her ability to actually receive reunification services. Mother requests that we reverse the dispositional judgment and direct the dependency court to apply subdivision (b)(1) of section 361.5 to bypass her for reunification services. Plaintiff and respondent, San Bernardino County Children and Family Services (CFS), argues that Mother's contention lacks merit. CFS also argues that the court's action was not contrary to the intent of section 361.5, that any dispositional error was harmless, and that the disentitlement doctrine requires dismissal of Mother's appeal.

We agree with CFS on all points, including that Mother's conduct was sufficiently egregious to warrant dismissal of her appeal under the disentitlement doctrine. We nonetheless address the merits and reject Mother's contention that the trial court erred in ordering reunification services in Mother's absence, rather than bypassing services for Mother under section 361.5, subdivision (b)(1). To find otherwise would allow parents to absent themselves from a dependency proceeding and then invoke the bypass provision, section 361.5, subdivision (b)(1), in order to affirmatively extend their entitlement to reunification services. Mother's proposed interpretation of the bypass provision turns the statute on its head. We find that the trial court did not misconstrue section 361.5, subdivision (b)(1) or act contrary to its intent. We affirm the judgment.

*543II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Relevant History of Mother and Child

Mother was a minor and a former court dependent when she gave birth to Molly T. (child) in September 2017. By her own admission, both Mother and N.E., the alleged father, are homeless substance abusers who cannot care for their child. Mother is also suffering from untreated mental illness that caused her to be placed on an involuntary psychiatric hold in October 2016, when she was found cutting her wrist. Since Mother and child tested positive for amphetamines at the time of the child's birth, both were referred to a social services practitioner (SSP) on September 10, 2017. Mother was not cooperative and was anxious to leave the hospital. Mother was told that if she left the hospital, she would be abandoning the baby. Mother told the SSP that she and N.E. knew they couldn't take the child with them and wanted N.E.'s foster mother to "have the child." The SSP requested and was granted a detention warrant, but he was unable to serve it on the parents because Mother and N.E. had left the hospital without their child.

B. Juvenile Dependency Petition-September 12, 2017

A "Juvenile Dependency Petition" was filed on September 12, 2017. The petition stated in allegation "G-6" that Mother's whereabouts were unknown and that "[r]easonable efforts to locate the mother were unsuccessful." The petition also listed Mother's guardian as Mother's older sister, J.C.

*331C. Detention Hearing-September 13, 2017

Although J.C. was present, Mother did not appear at the detention hearing held on September 13, 2017. During the hearing, the dependency court read and considered the September 12, 2017, "Detention Report" and determined that the child was subject to section 300 and a prima facie case for the child's out-of-home detention had been established. The court ordered the child be removed from Mother and N.E. and placed in temporary custody of CFS.

D. Jurisdiction/Disposition Hearing-October 16, 2017

J.C. was present at the first jurisdiction/disposition hearing held on October 16, 2017, but Mother again failed to appear despite having been given the SSP's contact information in a text message from J.C. a few days earlier. In response to the contact information given to her and J.C.'s request that she call the SSP, Mother stated she would contact the SSP. However, the SSP had *544no contact with Mother. When J.C. was specifically asked by the court whether Mother was in the town of Crestline, J.C. affirmed that Mother was somewhere in Crestline, and she had seen Mother walking through Crestline on October 1, 2017.

On October 10, 2017, CFS filed a "Declaration of Due Diligence" that listed three "909" area code phone numbers for Mother and three addresses for Mother in Crestline.

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Bluebook (online)
238 Cal. Rptr. 3d 326, 27 Cal. App. 5th 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-bernardino-cnty-children-family-servs-v-ct-in-re-molly-t-calctapp5d-2018.