Santa Clara County Department of Family & Children's Services v. William C.

113 Cal. App. 4th 509, 2003 Cal. Daily Op. Serv. 10011, 2003 Daily Journal DAR 12525, 6 Cal. Rptr. 3d 395, 2003 Cal. App. LEXIS 1718
CourtCalifornia Court of Appeal
DecidedNovember 19, 2003
DocketNo. H024986
StatusPublished
Cited by1 cases

This text of 113 Cal. App. 4th 509 (Santa Clara County Department of Family & Children's Services v. William C.) 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. William C., 113 Cal. App. 4th 509, 2003 Cal. Daily Op. Serv. 10011, 2003 Daily Journal DAR 12525, 6 Cal. Rptr. 3d 395, 2003 Cal. App. LEXIS 1718 (Cal. Ct. App. 2003).

Opinion

Opinion

ELIA, J.

William C. appeals from an order denying him reunification services in dependency proceedings concerning Angelique C. The juvenile court relied exclusively on the reunification bypass provision in Welfare and Institutions Code section 361.5, subdivision (b)(ll), which permits the court to bypass reunification services if a parent’s relationship with a sibling of the minor has been permanently severed.1 Appellant contends that this provision does not apply to a parent who has voluntarily relinquished parental rights to the sibling. He further contends that there was insufficient evidence to support the bypass findings, that the trial court applied the wrong burden of proof, that because the trial court continued the disposition hearing more than six months past the detention the court should have ordered reunification services, and that the court abused its discretion in not ordering services. We affirm.

FACTS AND PROCEDURAL BACKGROUND

In January 2002, the San Jose Police Department placed 16-month-old Angelique in protective custody. Her mother, Ms. J., “flagged down” the police and told them that she was mentally ill and did not know when she had [513]*513last taken her medication. She did not think she could care for Angelique. On January 23, 2002, the Santa Clara County Social Services Agency (Agency) filed a petition alleging that Angelique came within the provisions of Welfare and Institutions Code section 300 subdivisions (b) and (g). The petition alleged that both Ms. J. and appellant “have extensive mental health histories,” that Ms. J. was currently hospitalized at Fremont Psychiatric Hospital, and that appellant’s whereabouts were unknown. The petition stated, “there have been 2 substantiated cases of physical abuse of the child’s brother, Ryan [R.], by his parents and their parental rights for Ryan were terminated on 09/22/00.”

The court conducted a detention hearing on January 25, 2002, and ordered Angelique removed from her parents’ custody and placed under the care and supervision of the Agency. The court ordered supervised visitation with Angelique for Ms. J. and appellant and unsupervised visitation for Angelique’s maternal grandmother. In February 2002, the court found appellant to be Angelique’s presumed father. Subsequent amendments to the petition alleged that Ms. J. was residing in a subacute psychiatric facility and appellant was incarcerated on a felony fugitive warrant from New Mexico.

The court held the jurisdictional hearing on March 12, 2002. The jurisdiction report described Angelique as “very beautiful,” “well adjusted,” and “very charming.” The report stated that both Ms. J. and appellant had been in and out of psychiatric facilities many times. Appellant had attempted suicide in early January 2002. Appellant said “he ha[d] been diagnosed with Bipolar and should be taking Zoloft, Depakote and Lithium.” When appellant met with the social worker, he “admitted to having a substance abuse problem and he asked [the social worker] for help.”

The report stated that a social worker with Children’s Services in New Mexico said that physical abuse allegations concerning Ryan had been substantiated concerning both Ms. J. and appellant and their parental rights had subsequently been terminated. Ms. J. told the social worker that she and appellant had “voluntarily relinquished” their rights to Ryan.

Both Ms. J. and appellant said they were willing to participate in programs to get Angelique back. The social worker was concerned “that the parents will not be able to complete services due to the instability of their mental health,” appellant’s impending incarceration in New Mexico on the felony fugitive warrant, and Ms. J.’s stay in the mental hospital on a voluntary hold for not taking her medications.

On March 12, 2002, the court found the allegations of the petition true, granted Angelique’s counsel’s request for two psychological evaluations for

[514]*514both Ms. J. and appellant, and continued the matter for “receipt of evaluations] [and] disposition.” On June 18, 2002, the court corrected an oversight by declaring Angelique a dependent of the court. From March to July, the court continued the matter several times for receipt of the evaluations before conducting the disposition hearing. During this time, appellant called the social worker at least twice a week to see how Angelique was doing. He reported to the social worker that he had been on medications since his incarceration. Upon his release from custody in New Mexico, he would be required to stay in New Mexico for 18 months to complete his probation.

On July 23, 2002, the court began the contested disposition hearing, which was not completed until August 22. In the disposition report dated July 11, the social worker recommended that Ms. J. receive reunification services. Initially, the social worker recommended against services for appellant because he was on parole in New Mexico and “would not have consistent contact” with Angelique.2 In an addendum dated July 23, the social worker stated that after submitting that recommendation, “the social worker was informed that the father was entitled to services.” Counsel for the agency asked for reunification services for both Ms. J. and appellant.3 The district attorney representing Angelique asked the court to bypass reunification services for both Ms. J. and appellant.

The disposition report described the results of the two psychiatric evaluations completed for Ms. J. and the one that had been completed for appellant. Dr. Carol Naumann found that appellant suffered from bipolar disorder—that is, recurrent major depressive episodes with hypomanic episodes—as well as alcohol dependence, alcohol abuse, alcohol withdrawal, cannabis abuse, a mood disorder and borderline personality disorder. She opined, “Mr. [C.] is unable at the present time to benefit from family reunification services and would best be served by pursuing long term intensive treatment for himself as well as treatment for his alcohol and drug abuse.” Dr. Naumann said, “Mr. [C.] has a long history of serious emotional abuse without long term treatment or effective pharmacological intervention.” She concluded, “it seems unlikely that Mr. [C.] could fulfill the responsibilities of direct care and support for . . . his child and further that reunification services if provided would not enable him to adequately care for and protect his child within the next twelve months.”

[515]*515Ms. J. testified that she and appellant met when they were patients in the psychiatric unit of the same hospital. They had a son, Ryan, who was taken by child protective services in New Mexico when he was “six or nine months” old “because he had some bums on him from his father’s cigarette ashes falling on him.” She testified that she and appellant were referred for parenting classes, and appellant was referred for drug counseling. Ms. J. testified that they did not complete these programs, and that she and appellant “relinquished” their parental rights to Ryan by “signing] the papers” to free him for adoption.

Social worker Elizabeth Woodard testified she spoke to a social worker in New Mexico concerning “Ryan’s removal from his parents” and was told, “their parental rights were relinquished.” When asked if she believed appellant should receive reunification services, she said, “No, I don’t think he should receive them .... H] I just feel he’s too far away.

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Related

In Re Angelique C.
6 Cal. Rptr. 3d 395 (California Court of Appeal, 2003)

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Bluebook (online)
113 Cal. App. 4th 509, 2003 Cal. Daily Op. Serv. 10011, 2003 Daily Journal DAR 12525, 6 Cal. Rptr. 3d 395, 2003 Cal. App. LEXIS 1718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santa-clara-county-department-of-family-childrens-services-v-william-c-calctapp-2003.