San Diego County Health & Human Services Agency v. Christina N.

132 Cal. App. 4th 212, 33 Cal. Rptr. 3d 337, 2005 Daily Journal DAR 10585, 2005 Cal. Daily Op. Serv. 7748, 2005 Cal. App. LEXIS 1351
CourtCalifornia Court of Appeal
DecidedAugust 26, 2005
DocketNo. D045824
StatusPublished
Cited by512 cases

This text of 132 Cal. App. 4th 212 (San Diego County Health & Human Services Agency v. Christina 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 Health & Human Services Agency v. Christina N., 132 Cal. App. 4th 212, 33 Cal. Rptr. 3d 337, 2005 Daily Journal DAR 10585, 2005 Cal. Daily Op. Serv. 7748, 2005 Cal. App. LEXIS 1351 (Cal. Ct. App. 2005).

Opinion

[218]*218Opinion

HUFFMAN, J.

Christina N. appeals a judgment terminating her parental rights to her minor son Dakota H. under Welfare and Institutions Code section 366.26.1 Christina contends her due process rights to maintain her parental status were violated by the lack of a current judicial finding of parental unfitness. Christina also challenges the court’s finding there was not a beneficial relationship exception to termination of parental rights under section 366.26, subdivision (c)(1)(A). We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Dakota was bom in October 1996. When he was four, his mother, Christina, married Ricky.2 Their home life was marred by Ricky’s temper and substance abuse problems. Dakota was developmentally delayed and physically aggressive. When Dakota was five, he was diagnosed with autism.

After an incident of domestic violence in which Ricky physically abused Dakota, child protective services in South Carolina intervened. The juvenile court allowed Christina to retain custody of Dakota on condition she not allow Dakota to have contact with Ricky. Christina did not comply with the order. The family left South Carolina in late May 2002 after the court issued a restraining order. The court issued bench warrants for Christina and Ricky.

The San Diego County Health and Human Services Agency (Agency) took Dakota into protective custody on July 3, 2002, after Dakota, Christina and Ricky were in a motor vehicle accident. Ricky was arrested for driving under the influence and child endangerment. In August 2002, the juvenile court took jurisdiction of Dakota based on findings Christina inadequately supervised him. Dakota was placed in foster care. Christina’s reunification plan required her to attend a weekly domestic violence program, undergo a psychological evaluation, participate in individual psychotherapy and attend classes specifically designed for parents of special needs children. The court gave the Agency the discretion to expand Christina’s weekly supervised visitation.

Christina showed a genuine interest in reunification. She consistently visited Dakota. However, she continued to live with Ricky, impeding progress with expanded visitation. After another incident of domestic violence in March 2003, Christina initiated divorce proceedings. She began individual counseling in March 2003 and a domestic violence program in June 2003. After Christina started working, she discontinued individual therapy. She did not attend parenting class.

[219]*219Dakota remained in stable placement in the foster home. He still had outbursts, but in general his behavior improved. Dakota enjoyed his weekly visits with his mother. She was patient, gentle and affectionate with him. He responded well to her warmth. Dakota sometimes said, “I want to go home with mommy” and talked about his visits with her when he returned to the foster home. Christina and Dakota displayed mutual expressions of love, attention and care. The social worker wrote she had “never met a parent more unconditional in her affection or more available to her child.”

Dakota and Christina read and played together and went on outings. Christina helped Dakota with his homework. However, Dakota met any form of discipline with hostility. Christina was unable to cope with Dakota’s more serious behaviors and relied on the supervising social worker for assistance. Christina was a wonderful playmate and set some boundaries, but she did not appear to encourage Dakota’s growth.

By the 12-month review hearing, Christina had not made substantive progress towards reunification due to her delayed participation in recommended programs. The court terminated services and set a permanency hearing under section 366.26 for December 2003. The court kept visitation in place, noting it “obviously should continue.”

Due to Dakota’s autism and other developmental delays, the Agency assessed him as “difficult to adopt.” The adoption social worker determined Dakota was “specifically adoptable” and believed it would be possible to identify a family willing to adopt him. Christina proposed placing Dakota in the home of his maternal uncle in South Carolina. In December 2003, all parties agreed to a three-month continuance of the permanency hearing to allow the Agency to identify a potential adoptive family and conduct an interstate evaluation of the maternal uncle’s home.

In March 2004, the Agency identified an adoptive home for Dakota in Michigan. The family had adopted two other special needs children, one diagnosed with autism and the other with mild mental retardation. The prospective adoptive father, J.S., was knowledgeable about autism and actively involved with his sons’ education and support programs. The placement was an exceptional opportunity for Dakota. When the Agency interviewed Dakota’s uncle, he did not feel capable of caring for Dakota as a primary custodian but was willing to let Christina and Dakota live with him.

The court granted Christina’s requests for a bonding study and a continuance of the permanency hearing. Christina filed a petition under section 388, asking the court to vacate the section 366.26 hearing and place Dakota with her in South Carolina under the supervision of his uncle. In May 2004, the [220]*220court continued the section 388 and section 366.26 hearings for another two months to allow time for a review of the bonding study, an evaluation of Dakota by a specialist in childhood autism, and to meet scheduling requirements of witnesses. All parties stipulated the court could consider evidence presented at the section 388 hearing for its determination under section 366.26.

Clinical psychologist Beatriz Heller, Ph.D., found that “[w]ithin the confines of the difficulties in interpersonal relationships that this boy presents, Dakota seems to have a significant attachment to his mother.” When Dakota entered Dr. Heller’s office, he immediately stated, “I want my mommy.” When he saw Christina, he “joyfully exclaimed, ‘Mommy!’ ” She observed Christina “act in a comforting, nurturing, soothing, and stimulating manner to her son.” Dakota responded to her “by curbing disorganized activities, stopping perseverative behavior, or becoming engaged in different pursuits.”

Cynthia Norall, Ph.D., a psychologist specializing in the delivery of support services to autistic children, evaluated Dakota’s needs and attachments within the context of his disability. Dakota did not maliciously intend to hurt people but he did not know how to interact or communicate. His attention issues were a result of high-functioning autism rather than attention deficit hyperactivity disorder. Despite his difficulties, Dakota was a “happy and friendly little guy who seems to enjoy being with others.”

Dr. Norall believed Dakota would make the transition to an adoptive home with little disruption. Due to the nature of autism, she questioned the degree and quality of Dakota’s attachment to Christina. Dakota could attach to another caregiver if the environment were very structured and if the caregiver could clearly communicate what was expected. Dr. Norall did not believe adoption would be emotionally detrimental for Dakota.

Dakota needed a caregiver with access to specialized services to give him the strategies necessary to develop appropriate social skills. These strategies would make the difference in Dakota’s ability to function as an independent adult.

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132 Cal. App. 4th 212, 33 Cal. Rptr. 3d 337, 2005 Daily Journal DAR 10585, 2005 Cal. Daily Op. Serv. 7748, 2005 Cal. App. LEXIS 1351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-county-health-human-services-agency-v-christina-n-calctapp-2005.