Santa Clara County Department of Family & Children's Services v. R.S.

196 Cal. App. 4th 1069, 126 Cal. Rptr. 3d 868, 2011 Cal. App. LEXIS 798
CourtCalifornia Court of Appeal
DecidedJune 22, 2011
DocketNo. H036274
StatusPublished
Cited by60 cases

This text of 196 Cal. App. 4th 1069 (Santa Clara County Department of Family & Children's Services v. R.S.) 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
Santa Clara County Department of Family & Children's Services v. R.S., 196 Cal. App. 4th 1069, 126 Cal. Rptr. 3d 868, 2011 Cal. App. LEXIS 798 (Cal. Ct. App. 2011).

Opinion

Opinion

RUSHING, P. J.

The Santa Clara County Department of Family and Children’s Services (Department) filed this proceeding to bring J.S. within the jurisdiction of the juvenile court under Welfare and Institutions Code section 300.1 The court granted physical custody to J.S.’s biological father, Thomas N., and terminated its jurisdiction. The mother, R.S., brings this appeal, contending that the court committed reversible error by terminating jurisdiction without making an express finding in support of that decision, as required by section 361.2, subdivision (c) (section 361.2(c)). We hold that although the court erred, there is no reasonable probability that it would have reached a different result in the absence of the error. Accordingly, we will affirm.

Background

A highway patrolman reported that on the evening of May 18, 2010, he stopped to investigate a seemingly disabled vehicle along a freeway in San Mateo. The driver, R.S., reported that she had run out of gas. With her in the car were J.S., about five and one-half years old, and his half sister, J.C., about four years old. The children told the officer that their mother had been yelling at and hitting them earlier in the evening. R.S. refused to answer the officer’s questions about bruises and cuts he saw on the children. He arrested her and, in an inventory search, found methamphetamine powder in her purse.

[1072]*1072A petition was filed on May 20, 2010, under section 300, alleging that J.S. was within the jurisdiction of the juvenile court. A parallel proceeding was apparently commenced as to J.C. On May 27, 2010, both children were placed with J.C.’s father. On that date the whereabouts and identity of J.S.’s father remained unknown.2 By the next day the Department had identified him as Thomas; on that date a worker contacted him about J.S.’s “current status.” He responded on June 4, and thereafter stayed in frequent contact with the worker.

On June 11, the Department filed an amended petition naming Thomas as J.S.’s father. The Department reported that J.S. was the subject of an existing case in the family law court, filed by the County of Santa Clara less than three weeks after he was born. In that matter the court had adjudged Thomas to be J.S.’s father based on genetic testing. It had ordered him to pay child support, which he had been doing.

R.S. told a social worker that Thomas was married when they met; they had seen each other for about a year; he was present at [J.S.J’s birth; but he ultimately went back to his marriage. She asserted that Thomas had no relationship with J.S. and had seen him only two or three times since the birth. Thomas said that when he and R.S. had become involved he was indeed married, but had temporarily separated from his wife, to whom he had ultimately returned after being “scared” by R.S.’s “wild side.” He had taken R.S. to the hospital for, and was present at, J.S.’s birth. For a while he had been seeing J.S. for about one day every two months, but these meetings had ceased when he lost the ability to contact R.S.

Thomas told the social worker said he was “thankful to have [J.S.] and ha[d] been paying child support,” but that R.S. had not wanted to “give him the child,” and that he had “let it go” because he had “wanted things to ‘be cool’ with everyone.” Now, he said, he was “ready to fight for [J.S.] and would like full custody,” he loved and missed J.S., and he believed J.S. “really misse[d] him.” He also said that although his wife had not met J.S., she was “very excited” about bringing him into their family. They had two sons, ages 12 and 8, who had seen J.S. two or three times. Thomas was “willing to complete programas] and services as long as it doesn’t conflict with work,” but had “no idea what services he can benefit from as his children are healthy and doing well in school.”

[1073]*1073Despite these early favorable indications the Department was not initially prepared to recommend that J.S. be placed with Thomas. Apart from the inability to perform a complete assessment, the responsible social worker wrote, it did not appear that J.S. recognized Thomas as a father figure. “On 6/9/2010,” she wrote, J.S. “informed this worker that the only father he knows is ‘Tonton,’ ” i.e., his half sister’s father. At that time, the Department recommended supervised visits between J.S. and Thomas twice a month, with discretion in the Department to increase the frequency. The worker wrote that J.S. “appears to want[] male role models in his life,” and having visits with Thomas would allow him to “get to know his biological father and build a relationship with him.”

On June 17 a worker visited Thomas’s home, and on June 18 a supervised visit took place, at the conclusion of which J.S. called Thomas “daddy.” The worker gave a generally favorable account of Thomas’s home as a potential placement, but still found placement with Thomas not presently in J.S.’s best interests because of the lack of an existing relationship. She recommended relevant services “to help [J.S.] and his father develop a relationship and a bond with each other and to support [Thomas] in understanding [J.S.]’s physical, development, education, and emotional/mental development and needs.” She recommended that the court “set an interim review hearing in 90 days to look at possibly placing [J.S.] with his father.”

By July 7, 2010, J.S. had been visiting regularly with Thomas and, usually, Thomas’s two other sons. Everyone seemed to enjoy the visits, and at their conclusion J.S. often asked if he could go with Thomas, whom he was now calling “daddy.” By July 22 the worker was recommending “that legal and [physical] custody of J[.S.] [be] awarded to” Thomas, accompanied by “custody and visitation orders,” and that the court “terminate[] its jurisdiction over the family and dismiss[] [the] dependency [proceeding].”

At a hearing on July 27, counsel for R.S. stated her client’s opposition to the “recommendation to dismiss [J.S.j’s case,” and the parties agreed to submit to mediation on August 18.

On August 21, 2010, J.S. was placed in Thomas’s home.

On November 1 the court commenced a contested disposition hearing. From the outset all participants appeared to anticipate that J.S. would be placed in Thomas’s home with visitation rights reserved to R.S. The sole points of contention appear to have been (1) the nature of the visitation order and (2) whether the court should terminate its jurisdiction or, instead, exercise [1074]*1074ongoing supervision over the matter. R.S.’s attorney insisted that jurisdiction should be retained to ensure that services were made available to both R.S. and Thomas. The court was strongly inclined to this view in the beginning, telling counsel for the Department, “I don’t see what else you could present that would persuade me to agree to dismiss the case at this point.” The court made clear, however, that the object of its concern was to ensure that the family received the services it needed to engender a healthy relationship between the child and both parents. Counsel for the Department argued that this concern was adequately addressed by Thomas’s entry into a voluntary services agreement under which he would receive such services as the Department considered desirable. Counsel also noted that the companion dependency case would remain open, so that R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
196 Cal. App. 4th 1069, 126 Cal. Rptr. 3d 868, 2011 Cal. App. LEXIS 798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santa-clara-county-department-of-family-childrens-services-v-rs-calctapp-2011.