San Diego Health & Human Services Agency v. Amber G.

149 Cal. App. 4th 1403, 2007 Cal. Daily Op. Serv. 4299, 57 Cal. Rptr. 3d 863, 2007 Daily Journal DAR 5443, 2007 Cal. App. LEXIS 612
CourtCalifornia Court of Appeal
DecidedApril 20, 2007
DocketNo. D049249
StatusPublished

This text of 149 Cal. App. 4th 1403 (San Diego Health & Human Services Agency v. Amber G.) 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 Health & Human Services Agency v. Amber G., 149 Cal. App. 4th 1403, 2007 Cal. Daily Op. Serv. 4299, 57 Cal. Rptr. 3d 863, 2007 Daily Journal DAR 5443, 2007 Cal. App. LEXIS 612 (Cal. Ct. App. 2007).

Opinion

Opinion

BENKE, J.

Amber G., the mother of Sabrina H., Dakota H., Ashley L., Christina L. and Christopher G., appeals the juvenile court orders that detained and placed some of her children in Mexico after they were taken into protective custody.

Amber contends that detention and placement of dependent children in a foreign country is inimical to juvenile court law and the court lacked jurisdiction to place the children in a Mexican residence without adequate background checks of the caregiver. Amber also contends the detention of her children in Mexico violated the statutory requirements of prior notice to the parent and a showing of good cause for a placement outside of San Diego. Additionally, Amber contends the court abused its discretion in placing the children in the Mexican home of the caregiver.

FACTS

On March 28, 2006, Dakota, then 11 years old, was admitted to a hospital psychiatric ward for children after he threatened to kill Amber, his half siblings and Christopher’s father. The hospital was ready to release Dakota on April 5, but Amber refused to pick him up and bring him home because she was afraid for her other children. On April 10, the San Diego County Health and Human Services Agency (Agency) filed a dependency petition on behalf of Dakota, alleging he had a mental disorder requiring mental health treatment and did not have a parent capable of providing appropriate care. (Welf. & Inst. Code,1 § 300, subd. (c).)

[1408]*1408On May 2, at the jurisdictional hearing, Amber submitted to Dakota’s petition on the basis of the social worker’s reports. The court continued the jurisdictional hearing and the dispositional hearing pending the results of a psychological evaluation of Dakota.

On May 30 police responded to a call reporting a family disturbance at the home of Amber.and Christopher’s father. Christopher’s father was lying in the front yard, and Amber was sitting on the patio. Amber smelled of alcohol and her speech was slurred when she talked to police. Amber said she and Christopher’s father had been together for several years and had been involved in approximately 200 domestic violence incidents. Amber said they had been fighting on and off for the last four days, and he had hit her and the children. According to Amber, Christopher’s father pushed Christopher, then two years old, to the floor on one occasion, and Ashley, then nine years old, to the floor on another occasion.

On June 1 Agency took Sabrina, Ashley, Christina and Christopher into protective custody. They were detained in two foster homes. On June 5 Agency filed dependency petitions on behalf of these four children, alleging they were at substantial risk of harm because they were periodically exposed to domestic violence in the home and their parents used alcoholic beverages to excess. (§ 300, subd. (b).) In Ashley’s petition, the section 300, subdivision (b) allegation also included a separate count alleging that her stepfather had subjected her to physical abuse. Christopher’s petition also contained an allegation that he had suffered or was at substantial, risk of suffering serious physical harm inflicted nonaccidentally by his father. (§ 300, subd. (a).) Sabrina’s, Ashley’s and Christina’s petitions contained an allegation that each of them was at substantial risk of being abused based on the physical abuse of Christopher. (§ 300, subd. (j).)

On June 8 Alfredo G., Christopher’s paternal grandfather, told the social worker that he was willing to care for all five children. Alfredo said he had a house in Ensenada, Mexico, which could accommodate the children, and sufficient income to provide for them: Alfredo said all of the children except Dakota had spent 10 days in his home during Easter vacation. According to the social worker, the children indicated they were willing to go to Alfredo’s home. Agency requested Desarrollo Integral de la Familia (DDF), a Mexican social services agency, to conduct an evaluation of Alfredo’s home.

On June 15 Agency received the DIF evaluation of Alfredo’s home. The evaluation was very favorable, and DIF agreed to supervise the case on a monthly basis while the children were in Mexico. According to the DIF [1409]*1409report, Alfredo was 64 years old and retired. Since 1999 Alfredo lived with Beth C., whom he had known for 20 years. Beth was 56 years old and had completed two years of college. Alfredo and Beth denied having any criminal history.

The DIF report stated that Alfredo and Beth’s home had three bedrooms and three bathrooms, a dining room, a receiving room, a kitchen, a laundry room and a carpentry workshop. The neighborhood was peaceful and the house was close to a primary school and a medical center. The DIF report indicated Alfredo and Beth had sufficient means to pay for the medical care of the children.

Agency adopted the DIF recommendation that the children be detained with Alfredo in Mexico.

On June 27, at the jurisdictional/dispositional hearing for the children, Amber, who opposed placement of the children in Mexico, requested a trial. After Amber’s counsel questioned whether the court had the authority to place the children in a foreign country before it took jurisdiction over the children, the court acknowledged counsel had presented a legal issue. Nonetheless, the court granted Agency discretion to detain the children with Alfredo in Mexico. The court suggested that Amber could challenge its ruling by filing a writ petition.2

On July 20, at the contested jurisdictional/dispositional hearing for Sabrina, Ashley, Christina and Christopher, the court sustained the dependency petitions and found the allegations of each child’s petition to be true by clear and convincing evidence. The court continued the dispositional hearing until the home evaluation of the maternal grandmother was completed.3

By early August, Sabrina and Ashley, who were having emotional problems, were in foster homes in San Diego County. Christina and Christopher remained in Mexico under the care of Alfredo.

Amber did not attend the contested dispositional hearing on August 3, and the matter was submitted. The court declared Sabrina, Ashley, Christina and Christopher dependent children, removed them from Amber’s custody [1410]*1410and ordered Amber to comply with her case plan.4 The court placed Sabrina and Ashley in a licensed foster home and ordered psychological evaluations of the girls. The court placed Christina and Christopher with Alfredo in Mexico.5

On August 7, Timothy L., the father of Ashley and Christina, telephoned the juvenile court and requested counsel be appointed to represent him. The court granted the request.

On August 18, Timothy, who lived in North Carolina, appeared in juvenile court and requested presumed father status and an expedited evaluation of his home under the Interstate Compact on the Placement of Children (ICPC). The court granted Timothy presumed father status in Ashley’s and Christina’s cases, and ordered an expedited ICPC evaluation of his home.

The social worker contacted Alfredo about bringing Christina to San Diego County for a visit with Timothy. Alfredo responded that he was unable to do so before Timothy returned to North Carolina. Alfredo said if he brought Christina to the United States he would have to leave her in this country to be placed in a new home.

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149 Cal. App. 4th 1403, 2007 Cal. Daily Op. Serv. 4299, 57 Cal. Rptr. 3d 863, 2007 Daily Journal DAR 5443, 2007 Cal. App. LEXIS 612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-health-human-services-agency-v-amber-g-calctapp-2007.