San Diego County Department of Social Services v. Dennis F.

212 Cal. App. 3d 576, 83 A.L.R. 4th 729, 260 Cal. Rptr. 706, 1989 Cal. App. LEXIS 755
CourtCalifornia Court of Appeal
DecidedJuly 25, 1989
DocketNo. D007712
StatusPublished
Cited by6 cases

This text of 212 Cal. App. 3d 576 (San Diego County Department of Social Services v. Dennis F.) 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 Diego County Department of Social Services v. Dennis F., 212 Cal. App. 3d 576, 83 A.L.R. 4th 729, 260 Cal. Rptr. 706, 1989 Cal. App. LEXIS 755 (Cal. Ct. App. 1989).

Opinion

Opinion

BENKE, J.

In this case we deal with the questions whether California’s jurisdiction over a minor pursuant to Welfare and Institutions Code section 300 continues even where all parties have left the state, and, if such jurisdiction continues, when it is appropriate to relinquish it to the forum which has greater contact with the parties. The object of our concern is Gloria F. (Gloria) who was born on April 15, 1978.

On September 3, 1987, the San Diego County Department of Social Services (Department) filed a petition pursuant to Civil Code1 section 232 et seq., requesting Gloria be declared free from parental custody and control. In December 1987, Gloria’s mother voluntarily relinquished her parental rights. On February 26, 1988, after a hearing, the trial court granted the petition with regard to appellant, Gloria’s father. It found true allegations of cruel treatment and/or neglect within the meaning of section 232, subdivision (a)(2), and failure to maintain a parental relationship with the child within the meaning of section 232, subdivision (a)(7). The court made these findings although by the time of the hearing all interested parties to the action were residing in the State of Michigan.

[579]*579Appellant’s principal contentions on appeal are that the trial court was without jurisdiction to conduct the section 232 hearing and if the court had jurisdiction, it nonetheless abused its discretion in hearing the case inasmuch as California was by then an inappropriate forum. We conclude California had continuing jurisdiction in this case to conduct the section 232 hearing. However, we agree with appellant’s assertion the trial court abused its discretion since, on the facts of this case, Michigan was the more appropriate forum to decide what disposition was the best for Gloria.

Facts

In 1981 the marriage of her parents was dissolved and custody of Gloria and her younger sister Marjorie was given to appellant. The girls and appellant, a Marine stationed at Camp Pendleton, lived with his girlfriend Melody. The girls’ natural mother was apparently in a mental hospital in Michigan, the state where the maternal and paternal grandparents resided. On June 17, 1983, Gloria and her sister were made dependent children of the Orange County Superior Court pursuant to Welfare and Institutions Code former section 300, subdivision (d) (Stats. 1982, ch. 977, § 2.5, p. 3502), based on unexplained injuries to, and cruel treatment of, Marjorie. On being placed in protective detention, it was determined Gloria exhibited physical evidence she had been sexually molested. Gloria stated she was often touched in the vaginal area by her father, mother and “the priest.” Appellant denied any sexual contact with the child. Eventually, a plan to reunite the family was undertaken and dependent status was terminated on March 26, 1984. Appellant and Melody then married and a third child, Ryan, was born.

On August 24, 1984, a petition was filed requesting Gloria be made a dependent child of the Orange County Superior Court. The petition alleged appellant had physically abused the girls and sexually abused Gloria. Gloria was placed in protective detention. Marjorie and Ryan remained in the home. On January 18, 1985, a true finding was made on count three of the petition which charged neglect. This finding was based on Gloria’s allegation she was sexually molested and upon the additional grounds she exhibited a level of sexual awareness unusual among children her age and she frequently “acted out” sexually. Count three also alleged physical abuse by Melody. Counts one and two of the petition, which specifically alleged appellant molested Gloria, were dismissed. Appellant did not contest the finding. Appellant having become a resident of San Diego County, the case was transferred to that county’s superior court.

Custody of Gloria was taken from appellant. However, a reunification plan was signed by appellant on April 3, 1985. The plan provided no corporal punishment be inflicted on Gloria, frequent supervised visits occur [580]*580between Gloria, appellant and Melody, and family therapy for appellant and Melody be undertaken.

Even prior to the reunification plan, Gloria’s maternal grandparents, who lived in Michigan, offered their home as a placement for her. Gloria’s mother was living in Michigan, apparently near her parents. The social worker contemplated a visit by Gloria to her grandparents in Michigan and possible placement in their home.

On July 1, 1985, the court authorized Gloria to visit her maternal grandparents for 30 days. Gloria did well in the home and the social services agency in Michigan recommended Gloria be placed with her grandparents. On October 16, 1985, the San Diego Superior Court court made such an order.

By April 1986, Gloria’s options began to narrow. It was the conclusion of the Department that reunification of Gloria and appellant was unlikely. Appellant’s compliance with the reunification plan was superficial and he continued to deny he had sexually abused Gloria. He had not visited Gloria and he had stopped attending counseling sessions. The Department report noted appellant would be leaving the Marine Corps in June and he planned to return to Michigan with his family. It also appeared that a long-term placement with the maternal grandparents was not possible and that because of psychiatric problems, Gloria’s mother would probably not be able to care for her, at least not in the near future. During this time, Gloria continued to do well and was having periodic visits with her mother. Indeed, the Department did not believe adoption was a realistic plan since Gloria’s mother was at that time interested in custody and other relatives were willing to care for Gloria. The Department also did not recommend pursuing guardianship proceedings with the grandparents but believed such a course might be possible in the future. It was recommended Gloria continue to be placed with her grandparents and that a psychiatric evaluation of her mother be conducted. The court accepted these recommendations.

In September 1986, the Department informed the court that all parties were now in Michigan and that Gloria’s circumstances had changed for the worse. Her maternal grandparents no longer wished to keep her in their home. The social service agency in Michigan recommended that since all parties were now in Michigan, it would be best not to return Gloria to California but instead place her in a foster home in Michigan. Gloria was therefore placed in foster care by the Michigan agency.

In March 1987, the Michigan social service agency informed the Department that all parties to the case believed it was best for Gloria to be placed for adoption in Michigan. Gloria’s foster parents in Michigan were interest[581]*581ed in adopting her and had agreed to allow the grandparents to have a significant role in her life.

In April 1987, the Michigan social service agency requested the Department commence proceedings to free Gloria from the custody and control of her parents so she could be adopted. It was the opinion of the Department that Gloria was adoptable and that while her parents had maintained contact with her, neither was in a position to exercise proper parental control. The Department specifically believed appellant showed no interest in the reunification plan.

On September 3, 1987, the Department filed a petition requesting Gloria be freed from the custody and control of her parents pursuant to section 232.

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Related

Brown v. Brown
71 Cal. App. 4th 358 (California Court of Appeal, 1999)
In Re Stephanie M.
867 P.2d 706 (California Supreme Court, 1994)
San Diego County Department of Social Service v. Norma M.
867 P.2d 706 (California Supreme Court, 1994)
Pieri v. Superior Court
1 Cal. App. 4th 114 (California Court of Appeal, 1991)
In Re Gloria F.
212 Cal. App. 3d 576 (California Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
212 Cal. App. 3d 576, 83 A.L.R. 4th 729, 260 Cal. Rptr. 706, 1989 Cal. App. LEXIS 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-county-department-of-social-services-v-dennis-f-calctapp-1989.