San Diego County Health and Human Services Agency v. Debra B.

143 Cal. App. 4th 1326, 50 Cal. Rptr. 3d 57, 2006 Cal. Daily Op. Serv. 9714, 2006 Daily Journal DAR 13905, 2006 Cal. App. LEXIS 1608
CourtCalifornia Court of Appeal
DecidedOctober 16, 2006
DocketNo. D048353
StatusPublished
Cited by1 cases

This text of 143 Cal. App. 4th 1326 (San Diego County Health and Human Services Agency v. Debra B.) 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 Health and Human Services Agency v. Debra B., 143 Cal. App. 4th 1326, 50 Cal. Rptr. 3d 57, 2006 Cal. Daily Op. Serv. 9714, 2006 Daily Journal DAR 13905, 2006 Cal. App. LEXIS 1608 (Cal. Ct. App. 2006).

Opinion

Opinion

McDONALD, J.

Debra B. appeals a judgment terminating her parental rights to her minor son, Christopher L., under Welfare and Institutions Code section 366.26.1 Debra contends the evidence is insufficient to support the court’s findings that the child-objection exception to adoption did not apply [1329]*1329to preclude terminating parental rights under section 366.26, subdivision (c)(1)(B). We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Christopher was bom in June 1990. When he was 14 years old, the San Diego County Health and Human Services Agency (Agency) filed a petition under section 300, subdivision (b) on Christopher’s behalf. The petition alleged police officers arrested Debra for using narcotics and smoking marijuana in the presence of three-year-old April A., Christopher’s sibling.2 Debra’s drug use allegedly rendered her unable to care for her children and placed the children at substantial risk of physical harm.

In the detention report, social worker Sophia Sanchez reported police officers observed Debra smoking marijuana in her home and, because April was in Debra’s presence, April inhaled secondhand smoke. The police further discovered marijuana and various drug paraphernalia within April’s reach. Christopher admitted knowing Debra had been arrested for “using weed in front of my sister” but denied ever seeing Debra use drugs. Christopher admitted to experimenting with marijuana when he was 10 years old but stated he had not used dmgs since that time. Sanchez observed that Christopher appeared depressed and sad. He became teary-eyed during the interview and said he wanted to live with his adult brother. The detention report further detailed four prior child abuse referrals. One referral alleged Christopher had stated at school that he wanted to kill himself. Another referral described an incident during which Christopher held a pair of scissors to a fellow classmate’s neck at school. This action resulted in Christopher’s hospitalization for three days, during which he was observed to be depressed.

The court scheduled and held a detention hearing and ordered Christopher detained with his paternal aunt and uncle. The court ordered supervised visitation and scheduled a jurisdiction and disposition hearing.

According to the jurisdiction and disposition report, the social worker met with Debra to discuss the case plan and provided her with a list of referrals for individual counseling. Debra represented she had scheduled an appointment to commence participation in the Substance Abuse Recovery Management System program (SARMS) in an effort to address her drug use. Debra [1330]*1330admitted to smoking marijuana on the day she was arrested but denied ever using other drugs. The social worker noted that Debra’s efforts to participate in services represented her strong interest in reunifying with her children. At the July 2005 jurisdiction and disposition hearing, the court declared Christopher a dependent, removed him from Debra’s custody, and placed him with relatives. The court ordered Debra to participate in reunification services, including individual counseling and the SARMS program.

During the next six months, Debra participated in a seven-week parenting class but had difficulty answering the social worker’s questions concerning basic parenting skills. Further, Debra had difficulty complying with SARMS. Debra admitted to her SARMS counselor that she relapsed and used marijuana. In December 2004, she tested positive for marijuana use. The social worker observed that Debra continued to make efforts to participate in the SARMS program but she required constant reminding to appear for her drug tests, meetings and counseling sessions.

Christopher remained in the care of his paternal aunt and uncle. Christopher’s aunt reported he was doing well at home and in school. He earned high grades in his classes, joined the football team, and had many friends. The social worker interviewed Christopher and found he had a positive outlook concerning his current placement. He told the social worker he was happy living with his aunt and uncle and decided he wanted to live there permanently. Christopher’s aunt provided him with a nurturing environment and remained committed to his needs. He remained “adamant” that he had no plans to return home and looked forward to remaining with his aunt and uncle. Christopher stated he discussed his decision with Debra and she appeared to be “[okay] about it.” However, Christopher did not want to hurt his mother’s feelings and hoped to continue having visits with her. After reviewing the Agency’s reports, the court continued the dependency and reunification services for Debra. Christopher remained placed with his aunt and uncle.

At the 12-month review hearing, the Agency recommended terminating services and scheduling a selection and implementation hearing under section 366.26. Christopher continued to thrive under the care of his relative caregivers. He continued to earn good grades in high school and expressed interest in going to college. Debra’s participation in her case plan had been hampered by her inability to learn and incorporate the lessons covered in drug treatment. She continued to allow persons who abused drugs into her home, and neighbors reported seeing drugs being sold on her property. Debra stopped [1331]*1331attending drug treatment through the SARMS program and had not drug tested since June 2005. Her therapist reported Debra had made some progress in counseling but believed she did not fully comprehend the skills and information provided to her. The therapist further believed Debra would not be able to parent a child on her own.

The social worker gave Debra the opportunity to have unsupervised visits with Christopher, which she did not pursue. When visits did occur, the social worker observed Christopher appeared happy to visit with Debra but after a few minutes, he became bored and would wander away from her. The social worker believed he had become “parentified” from worrying about his sister and his mother. He had, however, allowed his aunt to assume the primary responsibility of caring for April. At the 12-month hearing, the court found Debra had not made substantive progress with her case plan and terminated reunification services. The court scheduled a section 366.26 hearing.

In March 2006 the court held a contested section 366.26 hearing. The court considered the Agency’s reports and a bonding study, and heard testimony from Christopher. The section 366.26 report stated Debra’s visits with Christopher were inconsistent. She had not contacted the social worker about scheduling visits and Christopher’s aunt revealed Debra had gone as long as one month without a visit. The social worker believed Debra did not have a beneficial parent-child relationship with Christopher because she did not occupy a parental role in his life. When the social worker asked Christopher where he wanted to live, he stated he wanted to live with his aunt and uncle and was willing to be adopted by them. The report further noted Christopher’s relative caregivers wanted to adopt him and raise him as their own child.

The court also considered a bonding study analyzing the relationship between Christopher and Debra. Dr. Klein observed Christopher appeared to have taken on a parental role with Debra in contrast to Debra parenting him. He believed Christopher shared a “mild” bond with Debra that was not parental in nature. Dr.

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Related

In Re Christopher L.
50 Cal. Rptr. 3d 57 (California Court of Appeal, 2006)

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Bluebook (online)
143 Cal. App. 4th 1326, 50 Cal. Rptr. 3d 57, 2006 Cal. Daily Op. Serv. 9714, 2006 Daily Journal DAR 13905, 2006 Cal. App. LEXIS 1608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-county-health-and-human-services-agency-v-debra-b-calctapp-2006.