San Diego County Department of Social Services v. Ines N.

229 Cal. App. 3d 475, 280 Cal. Rptr. 74, 91 Cal. Daily Op. Serv. 2791, 91 Daily Journal DAR 4477, 1991 Cal. App. LEXIS 353
CourtCalifornia Court of Appeal
DecidedApril 17, 1991
DocketNo. D011451
StatusPublished

This text of 229 Cal. App. 3d 475 (San Diego County Department of Social Services v. Ines N.) 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. Ines N., 229 Cal. App. 3d 475, 280 Cal. Rptr. 74, 91 Cal. Daily Op. Serv. 2791, 91 Daily Journal DAR 4477, 1991 Cal. App. LEXIS 353 (Cal. Ct. App. 1991).

Opinion

Opinion

HUFFMAN, Acting P. J.

This is an appeal from a permanency planning order made by the juvenile court pursuant to Welfare and Institutions Code section 366.252 regarding the four children of appellant Ines N. (Mother). Ruth M., the oldest of the four children, was placed in long-term foster care in one foster home, and Betzel M. (Betsy), Thomas M., and Maria M. (collectively, the three younger children) were placed in long-term foster care together in another foster home. Mother contends the juvenile court prejudicially erred when it refused to relieve her court-appointed attorney from representing her before the contested permanency planning hearing. Mother also attacks the permanency planning order on several other grounds: it was made too soon after the juvenile court last removed the children from Mother’s home, there was no express finding that reasonable reunification services had been provided, and the order is not supported by sufficient evidence. None of these contentions has merit. We affirm the order.

I

Factual and Procedural Background

A. Procedural History Leading to the Permanency Planning Hearing

These four children were born to Mother and her former husband (who is now deceased or missing) in 1972, 1974, 1976, and 1977. From December 1984 through April 1987, all four children were brought under the jurisdiction of the juvenile courts of Stanislaus and Riverside Counties and placed in foster care by reason of Mother’s mental illness. (§ 300, subd. (a).) They were returned to Mother’s custody in April 1987, but were again declared dependents of the juvenile court and placed in foster care in Riverside County proceedings in September and October 1987.

[479]*479Mother moved to San Diego County in April 1988 and began living with Ray N., whom she married in December 1988. Ray had a chronic disability and was being treated at the Veterans Administration hospital. The children were placed with Mother on a trial basis in September 1988, and jurisdiction was transferred to the juvenile court of San Diego County in November 1988.

Ruth began individual and family therapy in January 1989, with some prospects of success in resolving her family problems. However, she became increasingly depressed and anxious, had serious learning problems in school, and talked of suicide in March 1989 to escape from living with her mother and stepfather. Her therapist recommended out-of-home placement to Ruth’s social worker, and Mother and Ray agreed. A supplemental petition was filed pursuant to section 387 to remove her from the home and was found true by the court on April 4, 1989. Ruth was placed in foster care on May 10, 1989, and Mother was ordered to comply with a reunification plan.

On June 8, 1989, Mother “ran away from home,” as Maria later put it in her therapy. Mother left the three younger children in Ray’s care, and left him a note saying that although she loved him and the children, she had to leave because of too much pressure and stress from the children. She said she was sick, in crisis, and needed some time alone. Ray N. called the children’s social worker, said he was not physically able to take care of the children, and asked that she take them into custody.3 She did so, placing the children at a shelter and filing a supplemental petition pursuant to section 387 stating there were no responsible adults to care for the children.

Mother was noticed of but did not appear at the dispositional hearing on the petition concerning the three younger children, held July 12, 1989. The juvenile court took jurisdiction by default, removed the three children from Mother’s custody (§ 361, subd. (b)), and placed them in foster care. A reunification plan was ordered, requiring many standard elements, parenting education, and an ability to show Mother could provide adequate child care so the children would not be left unsupervised again.

Mother’s compliance with the two reunification plans was incomplete, as she had not completed parenting class or support group work and had [480]*480visited only sporadically. Accordingly, the social worker’s recommendation at the time of the permanency plan proceedings, taking the children’s wishes into account, was to keep them in their current foster home placements. At Mother’s request, the matter was set for a contested hearing on December 19, 1989, as to all four children.

At the permanency planning hearing, social studies for the four children were submitted to the court. The court made findings that return of all the minors to Mother’s custody would create a substantial risk of detriment to their physical or emotional well-being, and there was no substantial probability the minors could be returned in six months. The children were found not to be adoptable because of their ages. Long-term foster care was ordered, court-mandated reunification services were terminated, and a review date was set. Mother appeals the order.4

B. Background Facts

II

Discussion

In reviewing the validity of the permanency planning order, we first inquire whether the juvenile court committed prejudicial error by denying the requests of Mother and her counsel to remove him from representing her in these proceedings. We then turn to Mother’s specific attacks on the order, its timing and the suEciency of the findings and evidence in support of it.7

A. Mother's Motion to Relieve Her Attorney*

[481]*481B. Timing of the Permanency Planning Hearing Under Section 366.25, Subdivision (a).

In her first attack upon the validity of the permanency planning order, Mother focuses upon the language of section 366.25, subdivision (a)10 to argue that the permanency planning hearing was held too soon after the most recent placements of Ruth and the three younger children in her home. Specifically, she points out the provisions in that section for a lapse of 12 months between the “original dispositional hearing in which the child was removed from the custody of his or her parent, ...” and the permanency planning hearing date, and the alternative provision for a lapse of no more than 18 months before that hearing date from “the time of the minor’s original placement pursuant to Section 319 [concerning the original detention] or 16507.4 [concerning the provision of voluntary family reunification services].”11 Mother thus argues that since the permanency planning hearing was held only eight months after the end of Ruth’s most recent home placement, and only six months after the end of the three younger children’s most recent placement with her, the statutory requirements of section 366.25, subdivision (a) were not met. In short, Mother contends her children were with her for substantial periods during their dependencies and her family situation is thus covered by section 366.25, subdivision (f): “Physical custody of a minor by his or her parents or guardians for insubstantial periods during the 12-month period prior to a permanency planning hearing shall not serve to interrupt the running of those periods.”

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Bluebook (online)
229 Cal. App. 3d 475, 280 Cal. Rptr. 74, 91 Cal. Daily Op. Serv. 2791, 91 Daily Journal DAR 4477, 1991 Cal. App. LEXIS 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-county-department-of-social-services-v-ines-n-calctapp-1991.