San Diego Cnty. Health & Human Servs. Agency v. E.A. (In re E.A.)

234 Cal. Rptr. 3d 346, 24 Cal. App. 5th 648
CourtCalifornia Court of Appeal, 5th District
DecidedJune 12, 2018
DocketD073041
StatusPublished
Cited by24 cases

This text of 234 Cal. Rptr. 3d 346 (San Diego Cnty. Health & Human Servs. Agency v. E.A. (In re E.A.)) 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 Diego Cnty. Health & Human Servs. Agency v. E.A. (In re E.A.), 234 Cal. Rptr. 3d 346, 24 Cal. App. 5th 648 (Cal. Ct. App. 2018).

Opinion

NARES, J.

*651When 14-year-old E.A. and her 11-year old sister, M.A. (together minors or children), came to the attention of the San Diego County Health and Human Services Agency (Agency), they had been living in what the Agency describes as "deplorable" conditions. Minors, who are United States citizens, were living with their parents in Tijuana in an abandoned home with no electricity, no potable water, and with cockroaches crawling near minors' bed. The children had not been to school for over a year. They looked anorexic because J.A. (Mother) and Z.A. (Father) (together parents) fed them only one meal a day.

When ruling in dependency proceedings, " 'the welfare of the minor is the paramount concern of the court.' " ( In re B.D. (2007) 156 Cal.App.4th 975, 983, 67 Cal.Rptr.3d 810.) At the time of the dispositive hearing in this case, there was no evidence that the above-described conditions had changed.

However, misinterpreting Welfare and Institutions Code 1 section 300, subdivision (g), and misapplying Allen M. v. Superior Court (1992) 6 Cal.App.4th 1069, 8 Cal.Rptr.2d 259 ( Allen M. ), the juvenile court dismissed the dependency petitions. Minors appeal.

On appeal, the Agency concedes the court erred, but claims we should affirm because the errors are harmless. We conclude the court's errors are prejudicial and, therefore, we reverse with directions to deny the Agency's motion to dismiss the petitions.

FACTUAL AND PROCEDURAL BACKGROUND

A. Proceedings in Mexico

E.A. and M.A. are United States citizens. In 2016 minors and their parents were living in Tijuana when their parents' neglect came to the attention of the Mexican Department of Integrity of Families (DIF).

They lived in an abandoned home with no potable water, no hot water, and no *349running water for the toilet. Minors told DIF their parents hardly worked, Father used marijuana and drank alcohol, and he taught E.A. to smoke *652marijuana. M.A. told DIF that Mother slept all day, used marijuana, and drank alcohol. Minors had not attended school for over a year. They asked their parents to enroll them in school, but parents refused.

DIF determined that parents were "addicted" to marijuana and removed minors from parents' custody "due to general neglect." Minors lived at a DIF shelter in Tijuana until March 2017.2 During that time, DIF informed parents about the process for reunification. Parents acknowledged they had been made aware of dates and times for a DIF psychological evaluation and socioeconomic study, but they did not show up for either. Parents did not contact, visit, obtain updates, or reunify with the children-"thus abandoning them in the DIF shelter" for seven months. DIF asked the Agency to become involved because minors were United States citizens who were abandoned by parents.

B. Initial Proceedings in the United States

The Agency brought the children to San Diego and filed a dependency petition for each under section 300, subdivision (g) (hereafter section 300(g) ).3 E.A. told the social worker that she did not want to return home and be hungry again. M.A., who had been cutting herself, told the social worker "parents were addicts and she was afraid" of going hungry again. She told the social worker that parents "would use the money they made to buy their marijuana, alcohol, and cigarettes."

The social worker also spoke with minors' 17-year-old brother, who said that parents had allowed M.A. to be cared for by unrelated men, one of whom was a child molester. One of those men tried "to do things" with M.A., but when E.A. told parents the next day, "they blew her off, they said don't say stuff like that, it's not funny."

During its investigation, the Agency learned that in May 2014 Mother had been released from jail for drug trafficking, and both parents were "working for the cartel." Father's criminal history includes a 2009 conviction for possessing marijuana for sale.

*653The Agency searched for parents but could not locate them. The Agency also unsuccessfully tried to reach parents by telephone. The social worker contacted the children's maternal grandmother, who was living in Southern California (Grandmother), as someone who might be a caregiver.

At the detention hearing, the juvenile court found a prima facie showing had been made that minors were persons described in section 300(g). The court gave the Agency discretion to detain minors *350with an approved relative or nonrelative extended family member. Addressing minors, the court said, "I know you guys have been through a lot, and that's going to change." The court promised, "Things are going to get better."

In early April parents' whereabouts were still unknown. The Agency detained minors with Grandmother. Both children "voiced their strong opinion about not wanting to return to their parents." They were also "adamant about not wanting to talk to or see their parents." The social worker stated that under parents' care, minors' "medical, dental, educational, and developmental needs were neglected." Parents had not inquired about minors' well-being since August 2016 and had failed to return the social worker's voice mail messages.

On April 24 parents were located in Tijuana. Meanwhile, Grandmother had taken minors to the dentist, library, and had a meeting with a school counselor to enroll them in summer school. Minors enjoyed living with Grandmother and stated they did not want any communication with parents.

On May 23 the social worker informed Father, who was in Tijuana, of the proceedings and that minors were living with Grandmother. The children were doing well in school and were now interested in speaking to their parents, but not living with them. The social worker scheduled a time for Father to call the children, but he did not call.

At the June 14 jurisdictional hearing, parents appeared in court by telephone. The court appointed separate counsel for each, ordered parents to have supervised visits, and continued the hearing to July 5.

In preparation for the July 5 hearing, the social worker scheduled interviews with parents. Mother did not show for her appointment, but Father attended his. Father said the allegations in the dependency petition were "all lies." He said there was always food and the house was messy only because they had recently moved. Father claimed that he had tried to communicate with minors while they were in DIF's custody, but DIF did not allow him to visit. Father denied having any criminal history.

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Bluebook (online)
234 Cal. Rptr. 3d 346, 24 Cal. App. 5th 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-cnty-health-human-servs-agency-v-ea-in-re-ea-calctapp5d-2018.