San Diego County Health & Human Services Agency v. Jamie P.

214 Cal. App. 4th 525, 153 Cal. Rptr. 3d 851, 2013 WL 979108, 2013 Cal. App. LEXIS 198
CourtCalifornia Court of Appeal
DecidedMarch 14, 2013
DocketNo. D062429
StatusPublished
Cited by35 cases

This text of 214 Cal. App. 4th 525 (San Diego County Health & Human Services Agency v. Jamie P.) 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. Jamie P., 214 Cal. App. 4th 525, 153 Cal. Rptr. 3d 851, 2013 WL 979108, 2013 Cal. App. LEXIS 198 (Cal. Ct. App. 2013).

Opinion

Opinion

McCONNELL, P. J.

Jamie P. appeals the juvenile court’s order terminating jurisdiction after it placed her daughter, A.J., with A.J.’s biological and presumed father, Joshua S., in Hawaii. Jamie does not contest A.J.’s out-of-state placement with her father. She challenges only the trial court’s denial of her request to retain dependency jurisdiction. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND1

Initial Dependency Proceedings and Attempts to Locate A.J. ’s Natural Father

On October 26, 2011, the San Diego County Health and Human Services Agency (Agency) filed a petition under Welfare and Institutions Code section 300, subdivision (b)2 on behalf of then seven-year-old AJ. and her two half siblings, ages five and nine months, alleging that A.J.’s stepfather had applied excessive discipline by beating A.J. with a belt, including over scars from a recent surgery, and that her mother, Jamie, had been aware of this abuse but failed to protect her.3 The family had several prior referrals to the Agency for [528]*528abuse of A.J. by her stepfather, one of which resulted in voluntary provision of services to Jamie and the stepfather in 2009. At the initial detention hearing, the juvenile court ordered A.J. detained at Polinsky Children’s Center (Polinsky) or in a licensed foster home.

A.J. was the result of a brief encounter between Jamie and the natural father, and he was not named on her birth certificate. At the time of the detention hearing, the whereabouts of A.J.’s natural father were unknown, although Jamie informed the Agency that she last knew him to be living in Hawaii, and she had provided the Agency with a name. The court ordered the Agency to conduct a reasonable search for the father to inform him of the dependency proceedings. .

In connection with the initial jurisdiction and disposition hearing, the Agency reported that attempts to locate A.J.’s natural father had thus far not been successful, even though the Agency was aware the father had been paying A.J.’s child support. At the January 5, 2012, settlement conference, the juvenile court sustained the allegations of the Agency’s petition and ordered A.J.’s continued detention. The court also found that “reasonable search efforts have been made to locate and notify” A.J.’s natural father, but ordered the Agency to continue its efforts to locate him. A special hearing was set to address paternity and search efforts, but at that subsequent hearing the Agency reported that its further attempts to locate A.J.’s natural father had produced no new information.

A.J. was reported to be a bright, spirited little girl with some behavioral issues. She displayed a temper, was disobedient and had trouble following the rules. AJ. had been placed with a nonrelated extended family member, but in April 2012, the caregiver requested that A.J. be removed from her care because of A.J.’s unsafe behaviors, including leaving the home and attempting to injure herself. A.J. was removed to Polinsky on April 6, 2012, with the intention that she be placed in an intensive treatment foster care home. On April 30, 2012, the Agency filed a section 387 petition requesting the court order a higher level of care for A.J. The court ordered A.J.’s continued detention at Polinsky, set a jurisdiction and disposition hearing for May 2012 and scheduled the six- and 12-month review hearings.

Joshua’s Appearance and Efforts to Obtain Custody of A. J.

In May 2012, the Agency reported that it was finally able to track down A.J.’s natural father through child support records, explaining that the name Jamie had given for the father was inaccurate. A.J.’s natural father, Joshua, contacted the Agency promptly after receiving the social worker’s letter about A.J.’s situation. He explained that after his encounter with Jamie, [529]*529he had moved to Hawaii to help with his aunt’s farming business. He had not been informed of A.J.’s birth until a year later. He had undergone a paternity test and had regularly been making child support payments since 2004. Because he was living in Hawaii and had no relationship with Jamie or A.J., he did not know how he could have been an active father, and he had decided to “just let the mother care for” A.J. However, he stated that he was upset the Agency had not attempted to contact him during the 2009 voluntary case.

Joshua “expressed that he had made a grave mistake by not taking an active part [in A.J.’s] life and he [felt] awful that he allowed her to be raised in an abusive household.” He had thought of A.J. often, particularly around the time of her birthday, and was very concerned she would be abused again in the future. Joshua married in 2007, and he and his wife have two daughters bom in 2010 and 2011. Joshua is a high school graduate, attended community college and is employed as a maintenance supervisor. He and his wife have extensive family support in Hawaii.

Joshua made his first appearance telephonically before the juvenile court on May 21, 2012, and requested that A.J. be placed with him. The court appointed counsel for him and found him to be the biological father of A.J. His counsel informed the court that Joshua already had made contact with AJ. by telephone, letters and photographs and had scheduled an in-person visit. The Agency indicated it needed additional time to evaluate Joshua before making a recommendation as to placement. Jamie urged the court to “move rather slowly” with respect to a placement decision inasmuch as Joshua had not been present in A.J.’s life until that time and was a “mere biological father, not entitled to custody.” The court ordered supervised visits between Joshua and A.J., with Agency discretion to lift the supervision, confirmed the six- and 12-month review dates and set a contested disposition hearing for June 29, 2012. Later, the court vacated the June 29, 2012, hearing date and ordered a new hearing date of July 27, 2012.

A.J. first learned about her biological father about five years previously, when she found a picture of him, but her mother had encouraged her to forget about him. A.J. was very excited to see the pictures and hear the letters from her father and his family members, and she was eager to visit with them. Joshua first visited San Diego in late May 2012 to meet and begin to establish a relationship with A.J. By all accounts, this visit was a success. Joshua and A.J. visited daily both at Polinsky and at a nearby park. AJ. was very comfortable with her father and enjoyed his visits immensely. Joshua acted appropriately with his daughter and was fully engaged when playing with her. After the initial visitations, A.J. was comfortable with short, unsupervised visits, and she and Joshua went to SeaWorld together. During his visit, Joshua was brought up to date on A.J.’s medical needs (particularly those resulting [530]*530from kidney surgery she underwent in Sept. 2011), and was made aware that she would need ongoing therapy to deal with the physical abuse in her past. He was also able to meet with AJ.’s teacher to learn about her academic and behavioral performance in school. Joshua and the Agency began to plan an extended visit for AJ. in Hawaii.

The Agency proposed that A.J. spend a week to 12 days with Joshua in Hawaii before the scheduled July hearing date, in order to more fully assess the suitability of A.J.’s placement with her father.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re K.B. CA4/1
California Court of Appeal, 2026
In re A.L. CA2/8
California Court of Appeal, 2026
In re G.B. CA4/2
California Court of Appeal, 2025
In re Amanda A. CA4/1
California Court of Appeal, 2024
In re S.A. CA4/2
California Court of Appeal, 2024
In re Journee E. CA2/7
California Court of Appeal, 2024
L.C. v. Super Ct.
California Court of Appeal, 2024
In re R.Q.
California Court of Appeal, 2023
In re A.M. CA4/1
California Court of Appeal, 2023
In re K.W. CA4/1
California Court of Appeal, 2023
In re Julian S. CA2/8
California Court of Appeal, 2022
In re M.C. CA2/2
California Court of Appeal, 2021
In re N.J. CA2/3
California Court of Appeal, 2021
In re Z.R. CA2/3
California Court of Appeal, 2020
In re Destiny D.
California Court of Appeal, 2017
L. A. Cnty. Dep't of Children & Family Servs. v. Sergio D. (In re Destiny D.)
222 Cal. Rptr. 3d 673 (California Court of Appeals, 5th District, 2017)
In re Lilah M. CA2/2
California Court of Appeal, 2016
Mendocino County Health & Human Services Agency v. J.R.
244 Cal. App. 4th 866 (California Court of Appeal, 2016)
In re Marco C. CA2/2
California Court of Appeal, 2016
In re Austin L. CA4/1
California Court of Appeal, 2015

Cite This Page — Counsel Stack

Bluebook (online)
214 Cal. App. 4th 525, 153 Cal. Rptr. 3d 851, 2013 WL 979108, 2013 Cal. App. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-county-health-human-services-agency-v-jamie-p-calctapp-2013.