San Bernardino Cnty. Children & Family Servs. v. J.B. (In re M.W.)

237 Cal. Rptr. 3d 540, 26 Cal. App. 5th 921
CourtCalifornia Court of Appeal, 5th District
DecidedAugust 30, 2018
DocketE068981
StatusPublished
Cited by15 cases

This text of 237 Cal. Rptr. 3d 540 (San Bernardino Cnty. Children & Family Servs. v. J.B. (In re M.W.)) 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. J.B. (In re M.W.), 237 Cal. Rptr. 3d 540, 26 Cal. App. 5th 921 (Cal. Ct. App. 2018).

Opinion

FIELDS J.

I. INTRODUCTION

Appellant, 19-year-old M.W., was a nonminor dependent of the court until it terminated dependency jurisdiction over him in August 2017. One of the acceptable living arrangements for nonminor dependents is a " '[s]upervised independent living placement' " (SILP). ( Welf. & Inst. Code, § 11400, subd. (w).)1 The court terminated dependency jurisdiction over M.W. because he had moved in with a former foster mother, and the court believed a former caregiver's home could not qualify as a SILP. We conclude the court erred. Nothing in the law disqualifies a former caregiver's home as a SILP. Even the document on which plaintiff and respondent, San Bernardino County Children and Family Services (CFS), relied for its argument-a form developed by the California Department of Social Services-does not disqualify a former caregiver's home. We also conclude the error was prejudicial to M.W. We therefore reverse and remand for the court to consider whether to retain or terminate dependency jurisdiction, with the proper understanding of the law relating to SILPs.

II. FACTS AND PROCEDURE

A. Dependency History as a Minor

In 2006, a Nevada court removed M.W. and his twin sister, C.W., from the custody of defendant and respondent, L.W. (mother). Mother had a mental illness that prevented her from adequately caring for and supervising them. The Nevada dependency *542case closed in 2009 with defendant and respondent, J.B. (father), obtaining custody of M.W. and his sister. At some point, the children went to live in Washington with a relative who became their legal guardian. After that relative could no longer care for the children, C.V. (half sister) filed a petition to become their legal guardian in California.

In October 2013, CFS placed M.W. and his sister into protective custody because half sister no longer wished to proceed with the guardianship. M.W. was then 14 years old. Half sister and her husband could not handle the children's behavioral problems.

Father had been abusive to M.W. and he did not wish to live with father. M.W. had not seen mother in eight years. M.W. kept in touch with a former foster mother in Nevada, M.J.L., but she was elderly and he was unsure if she could care for him. CFS placed M.W. in a group home.

CFS filed a petition and the juvenile court found true that: (1) M.W. had suffered physical harm inflicted by father nonaccidentally (§ 300, subd. (a) ); (2) the parents had failed to provide adequate care, supervision, and provisions for M.W. (§ 300, subd. (b) ); and (3) mother's whereabouts and ability to parent M.W. were unknown (§ 300, subd. (g) ). The court removed M.W. from the parents' custody and granted reunification services to father but not mother.

Father received reunification services through the 18-month review hearing, at which time the court terminated his services and ordered a planned permanent living arrangement for M.W. From the beginning of these proceedings, the court authorized M.W. to visit M.J.L. in Nevada during his Thanksgiving and holiday breaks from school. The court also authorized him to visit M.J.L. for two weeks during his summer break in 2014. CFS assessed and approved M.J.L.'s home for visits in 2013.

CFS never assessed M.J.L.'s home for permanent placement. It received court authorization to assess another home in Nevada under the Interstate Compact on the Placement of Children (ICPC).2 This was the home of K.J., M.J.L.'s best friend. K.J. had a relationship with M.W. and was initially willing to care for him. But before CFS submitted the ICPC paperwork, K.J. reconsidered her decision to take placement of M.W.

For the most part, M.W. lived in a group home while he was a minor in the dependency system. At times, his behavior was good, and at other times, he had behavioral issues. For instance, during the 12-month review period, he had a physical altercation with another resident and was not following staff directives. During the postpermanent plan period, he lived in a foster home for a short time, but this ended when he left the home at night without permission and refused to accept his foster mother's authority. He went to two different group homes after the foster home, and at both group homes, he left without permission, and warrants were issued for his return. By April 2016, a delinquency petition had been filed against him and he was under probation supervision.

*543His school had also suspended him for fighting and he had transferred to another school.

As M.W.'s 18th birthday approached, he was doing well at his new school and his behavior at the group home had improved. The court scheduled a nonminor dependent hearing for March 2017, when M.W. would turn 18.

B. Nonminor Dependent Proceedings

In preparation for the nonminor dependent hearing, CFS reported that M.W. continued to do well in his group home and had no behavioral issues. He was no longer on probation and had no further delinquency issues. He wanted to remain in extended foster care. His goal was to move from the group home into M.J.L.'s Nevada home at the end of the school year. The social worker opined that M.J.L. had "been very supportive of the child's well-being and goals and ha[d] been a consistent connection in his life."

On M.W.'s 18th birthday, he and the social worker signed a "mutual agreement for extended foster care." Among other things, he agreed that if he left his "foster care placement, the foster care funding may be stopped." CFS, for its part, agreed to: (1) "[h]elp [him] choose an appropriate approved or licensed placement"; and (2) "help resolve any problems that arise with [his] placement." M.W.'s "90-day Transition Plan" identified a "lower level of care with" M.J.L. as his housing goal, and under "Action Plan," the form stated: "Submit ICPC or transfer to Nevada."

At M.W.'s nonminor dependent hearing in March 2017, the court found he was eligible to remain under its jurisdiction as a nonminor dependent. It authorized CFS to initiate an ICPC assessment of M.J.L.'s home.

After CFS tried to initiate the ICPC process with Nevada, it learned that Nevada did not participate in the ICPC for nonminor dependents. CFS informed M.W. that he would have to opt out of extended foster care if he chose to live in Nevada. M.W. stayed in his group home for a few months, but in June 2017, he moved to M.J.L.'s home in Nevada. CFS asked him to sign "transitioning out" paperwork before he left, but he did not do so. He contacted CFS after his move and reported that he was doing well; he was looking for a job, attending his last year of high school, and had obtained medical coverage. CFS informed M.W. that he could return to extended foster care prior to age 21, should he return to California.

CFS requested that the court dismiss and discharge M.W. as a nonminor dependent, "as he ha[d] voluntarily left placement and ha[d] moved out of state," CFS had not approved the new placement, and Nevada would not approve it. M.W. filed an objection to CFS's request, arguing that he did not have to opt out of extended foster care if he stayed in Nevada. With his objection, he submitted All County Letter No. 14-33, issued by the Department of Social Services on July 3, 2014 (ACL 14-33).

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Cite This Page — Counsel Stack

Bluebook (online)
237 Cal. Rptr. 3d 540, 26 Cal. App. 5th 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-bernardino-cnty-children-family-servs-v-jb-in-re-mw-calctapp5d-2018.