San Bernardino County Department of Children's Services v. S.I.

168 Cal. App. 4th 857, 85 Cal. Rptr. 3d 784, 2008 Cal. App. LEXIS 2349
CourtCalifornia Court of Appeal
DecidedNovember 25, 2008
DocketNo. E045763
StatusPublished
Cited by9 cases

This text of 168 Cal. App. 4th 857 (San Bernardino County Department of Children's Services v. S.I.) 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 Department of Children's Services v. S.I., 168 Cal. App. 4th 857, 85 Cal. Rptr. 3d 784, 2008 Cal. App. LEXIS 2349 (Cal. Ct. App. 2008).

Opinion

[860]*860Opinion

HOLLENHORST, Acting P. J.—

I. INTRODUCTION

S.I. (mother) appeals from the order terminating her parental rights to her children, I. (bom in Jan. 2006), Mi. (born in Sept. 1999), and twins Ma. and Me. (bom in June 2002) (collectively, the children) under Welfare and Institutions Code1 section 366.26. Mother contends the juvenile court’s finding that the children were adoptable was not supported by substantial evidence. Counsel for minors has filed a letter brief joining the position of the San Bernardino County Department of Children’s Services (Department) urging us to affirm the juvenile court’s orders. We find no error, and we affirm.

II. FACTS AND PROCEDURAL BACKGROUND

The Department filed petitions under section 300, subdivisions (b) (failure to protect) and (g) (no provision for support), alleging the children had been found unattended; mother had an unstable lifestyle and lacked parenting skills; the motel room where they were living was cluttered and filthy; mother had a prior history of leaving the children unattended in motel rooms and cars; and mother had an extensive dmg and criminal history. The petition alleged that J.M., the father of the three older children, had a drug and criminal history, and his whereabouts were unknown.

The detention report stated that mother had left the children alone in a motel room for at least an hour, and Mi. had reported that mother had previously left them alone for hours in motel rooms and cars. The motel room was filthy and contained dmg paraphernalia and materials used to perpetrate identity theft. The report stated that the whereabouts of J.M. and of E.C., the alleged father of I., were unknown.

At the detention hearing in May 2006, the juvenile court found that a prima facie case had been established for detention of the children outside their home. The court ordered the Department to develop a case plan and provide reunification services for the parents, and the court ordered weekly supervised visitation.

The Department filed a jurisdiction/disposition report in May 2006. The report stated that Mi., who was then six years old, could not remember the [861]*861last time he had attended school. He could not read or write, and he was placed back in kindergarten. He was fearful of being left alone in a car.

Mi. and I. had been placed together in one foster home, and Ma. and Me. had been placed together in another foster home. All the children were reported to be doing well and none had exhibited any health problems. The paternal grandfather and stepgrandmother (referred to collectively as the paternal grandparents) were being assessed for relative placement.

At the jurisdiction/disposition hearing in July 2006, the court sustained the allegations of the petition as amended and found the children came within section 300, subdivision (b). The court found that mother had cooperated with the services ordered at detention but had not yet made sufficient progress toward alleviating the causes of the detention. The court ordered reunification services for the parents.

The Department filed a status review report in December 2006. The report stated that Mi., Me., and Ma. had been placed with their paternal grandparents, and I. had been placed with a separate foster family. Mother’s visits with the children had been sporadic and infrequent, and she was evasive about her current circumstances.

The report stated that Mi., then seven years old, was “extremely handsome,” “normally developing,” and healthy. He was behind academically but had been showing improvement. He appeared to exhibit characteristics of attention deficit hyperactivity disorder (ADHD), in that he had difficulty concentrating and became easily distracted. He was fearful of being left alone, and he appeared to be insecure and to have low self-esteem, although he got along well with other children. Mi. “displayed characteristics consistent with being parentified, in that he was always worried about caring for his younger siblings . . . .”

Ma. and Me. were described as “beautiful and normally developing” and healthy four year olds. They were attending preschool and were active and talkative. Ma. had been unable to identify all her colors, but her caregiver had been working with the girls on doing so. Ma. and Me. argued with their siblings “within normal limits.” Me. had had a problem with bedwetting but it had greatly improved. The stepgrandmother reported that the problem had frequently coincided with parental visits, and Ma. had smeared feces on the walls after visits.

I., then 11 months old, was described as “handsome and normally developing” and healthy. He had formed a strong and loving bond with his foster mother and was a happy baby, although he frequently woke up crying in the [862]*862night and had not developed normal sleeping habits for a child his age. He was very active and had begun to walk. The foster mother wished to have him placed with her on a long-term basis, although she was not willing to commit to adoption.

The paternal grandparents were not interested in providing a permanent home for Mi., Ma., and Me. They were close to retirement age, and the stepgrandmother had had some health issues. They were, however, committed to keeping the three oldest children in their home until an adoptive home could be located.

The Department recommended a concurrent plan of adoption for the children as a sibling set. The Department recognized that it would be difficult to place the large sibling set and requested the court to authorize listing the children through a national adoption network. A nonrelated extended family member, J.C., had contacted the social worker about the possibility of adopting all four children. J.C. had been a foster parent for many years and had met Mi., Ma., and Me. at family gatherings. However, her foster home had been decertified in June 2006, after a four-year-old child climbed out a window while supposedly taking a nap and had walked a quarter of a mile to a fast-food stand. The incident had occurred while J.C. had been at work and her then husband had been in charge of the children. The social worker had concerns whether J.C. could pass the background check and whether she could care for four active children.

At the section 366.21 hearing in February 2007, the court found that reasonable services had been offered but the parents had failed to complete their court-ordered treatment plans, and mother’s progress toward eliminating the causes of the detention had been minimal. The court terminated reunification services and set the matter for a section 366.26 hearing.2

The Department filed an adoption assessment report in May 2007. The report stated the children were appropriate for adoption because of their ages and their current caretaker’s willingness to adopt them. All the children were healthy. Since February 2007, all the children had been placed with M.A., a nonrelated extended family member. The children had adjusted well to living with her and appeared happy in her care. She lived in a four-bedroom home in a quiet neighborhood, and she was active in church and community. She understood the legal and financial responsibilities of adoption and was aware of the children’s background and the difficulties they would face.

[863]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re M.S. CA4/2
California Court of Appeal, 2022
In re S.M. CA4/2
California Court of Appeal, 2021
In re A.G. CA4/2
California Court of Appeal, 2020
In re C.B. CA1/4
California Court of Appeal, 2015
In re B. M. CA6
California Court of Appeal, 2013
In re K.K. CA2/8
California Court of Appeal, 2013
In re Dario M. CA5
California Court of Appeal, 2013
In Re II
168 Cal. App. 4th 857 (California Court of Appeal, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
168 Cal. App. 4th 857, 85 Cal. Rptr. 3d 784, 2008 Cal. App. LEXIS 2349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-bernardino-county-department-of-childrens-services-v-si-calctapp-2008.