San Bernardino County Children & Family Services v. Andrew J.

213 Cal. App. 4th 678, 153 Cal. Rptr. 3d 104, 2013 WL 441894, 2013 Cal. App. LEXIS 97
CourtCalifornia Court of Appeal
DecidedFebruary 6, 2013
DocketNo. F065414
StatusPublished
Cited by5 cases

This text of 213 Cal. App. 4th 678 (San Bernardino County Children & Family Services v. Andrew J.) 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
San Bernardino County Children & Family Services v. Andrew J., 213 Cal. App. 4th 678, 153 Cal. Rptr. 3d 104, 2013 WL 441894, 2013 Cal. App. LEXIS 97 (Cal. Ct. App. 2013).

Opinion

[681]*681Opinion

WISEMAN, Acting P. J.

Andrew J., now 17 years old, became a dependent of the juvenile court in San Bernardino County in 2005. Since October 2010, he has resided with extended family members in Kem County, and his permanent plan is to remain with them until he reaches adulthood. Andrew has significant behavioral issues that threaten his successful transition to independent living as an adult. The San Bernardino County Juvenile Court attempted to transfer his case to Kem County so that he could receive vital services near home. The Kem County Juvenile Court, however, immediately transferred the case back to San Bernardino County based on its disagreement with the San Bernardino court’s findings regarding Andrew’s place of legal residence. This transfer took place on February 2, 2012, and Andrew’s ability to access services has been hampered for the past year.

This case is procedurally tangled. Kem County urges us to dismiss the appeal on nonsubstantive grounds. We decline to do so and conclude there is no obstacle that prevents this case from being decided now. The rejection of Andrew’s transfer to Kem County made by San Bernardino County was erroneous and we order it be reversed.

As we will explain, two reasons warrant reversal. First, the Kem court could not simply reject the transfer because its understanding of the record differed from that of the San Bernardino court. It could have set a new transfer hearing based on new evidence or changed circumstances, if there had been any. Alternatively, the Kem County Department of Human Services could have appealed the San Bernardino court’s order. The Kem court, however, could not simply overrule another juvenile court. In addition, the Kem court abused its discretion when it found retransfer to San Bernardino County to be in Andrew’s best interest as there was no evidence in the record in support of this finding. To the extent the Kem court factored in the cost to the Kem agency of providing services to Andrew in deciding what was in Andrew’s best interest, this was error.

The parties raised a third issue—whether Andrew is automatically made a resident of San Bernardino County by Welfare and Institutions Code section 17.1, subdivision (e). Our holdings on the other issues make it unnecessary to resolve this question.

FACTUAL AND PROCEDURAL HISTORIES

Andrew was bom on October 16, 1995. In 2005, when he was nine, a sheriff’s deputy found him and one of his two sisters dirty and disheveled and locked out of their house in San Bernardino County. No adults were home [682]*682and the house lacked water service and heat. San Bernardino County Children and Family Services (the San Bernardino agency) investigated and found that the three siblings’ mother was incarcerated on a charge of heroin possession. Andrew’s assumed father, who had schizophrenia, was in prison serving a term of 25 years to life, and the whereabouts of the fathers of the two sisters were unknown. The children had been left in the care of one of the mother’s friends and then another.

The San Bernardino agency filed a juvenile dependency petition. Ultimately, on January 10, 2007, the San Bernardino County Juvenile Court terminated both parents’ parental rights. The court approved a permanent plan of adoption for Andrew. Beginning in December 2006, he was placed with Mr. and Mrs. D. as his prospective adoptive parents. Mr. and Mrs. D. are relatives of Andrew’s former stepfather. We have not found in the record an indication of where Mr. and Mrs. D. lived when Andrew was placed with them, but by 2010 they lived in Kern County.

As might be expected of a child left an “orphan” at the age of nine by a drug-addicted mother and a mentally ill father, Andrew exhibited various behavioral problems over time. In 2006, the San Bernardino agency reported that Andrew was very bright, but was not doing well academically as he had difficulty focusing, was constantly off-task, and got into mischief often. By August 2007, when he was 11 years old, his condition had worsened. Mr. and Mrs. D. reported that he had been lying, stealing, and behaving aggressively toward them.

In December 2006, Mr. and Mrs. D. had said they would consider Andrew to be their child and would provide him with a permanent home, but eight months later they withdrew their offer to adopt Andrew and requested his removal from their home. Andrew was placed in a group home, with neither Mr. and Mrs. D. nor any other family available as. a concurrent placement. In the group home, Andrew confronted issues of depression, separation, and loss. He was sometimes teased and made fun of, and on those occasions he mutilated himself with an object. He was failing all his subjects in school, refused to complete schoolwork assignments, and said he was afraid to ask for help. His sisters had been adopted by a family a long distance away and he was not being given the opportunity to visit them. He received residential treatment from a psychotherapist in the group home.

By July 2008, the behavior that led to his ejection from the home of Mr. and Mrs. D. was “ameliorating,” but his academic performance was still [683]*683below state standards. A report prepared in May 2009 by a social worker at the group home indicated that Andrew related well with and was not aggressive toward other children. He generally followed adults’ directions at the home, except that he often ran away from supervised areas, along with other children and would be missing for hours. He also received numerous detentions and suspensions at school for disruptiveness, cutting classes, and being late. He had difficulty completing his homework and was failing several classes. Andrew was diagnosed with depression and disruptive behavior disorder and was prescribed Wellbutrin, which was later discontinued because of negative side effects. An evaluation by a school psychologist found Andrew qualified for an individualized education plan (EEP).

In January 2010, Andrew was nearing age 15, the maximum age at his group home. No prospective adoptive family was available. The San Bernardino County Juvenile Court ordered a change in Andrew’s permanent plan from adoption to “Planned Permanent Living Arrangement” (PPLA). A social worker for the San Bernardino agency then contacted Mr. and Mrs. D., who agreed to have Andrew return to live with them. He moved in with them in Kern County on October 1, 2010. By January 2011 they had again agreed to adopt him and he expressed his wish to be adopted. The court changed his permanent plan back to adoption.

The relationship between Andrew and Mr. and Mrs. D. again deteriorated. Andrew began smoking marijuana, stealing, lying about his whereabouts, defying instructions, and not completing school assignments. At the same time, Mr. D. became seriously ill. By January 2012, Mr. and Mrs. D. once more were unwilling to adopt Andrew, though they agreed to keep him in their home. The court changed Andrew’s permanent plan back to PPLA and accepted the social worker’s specific recommendation to modify the plan to “permanent placement with [the D.] family.”

After returning to Mr. and Mrs. D.’s home in Kem County, Andrew continued to have behavioral and emotional difficulties. He was deficient in self-directed decisionmaking, had low self-esteem, experienced an excessive need to be accepted by peers, and had an overwhelming tendency to follow the lead of his peers regardless of the consequences.

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Bluebook (online)
213 Cal. App. 4th 678, 153 Cal. Rptr. 3d 104, 2013 WL 441894, 2013 Cal. App. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-bernardino-county-children-family-services-v-andrew-j-calctapp-2013.