Shasta Cnty. Health & Human Servs. Agency v. R.T. (In re J.Y.)

241 Cal. Rptr. 3d 856, 30 Cal. App. 5th 712
CourtCalifornia Court of Appeal, 5th District
DecidedDecember 26, 2018
DocketCase No. C082548:; Case No. C084428:
StatusPublished
Cited by7 cases

This text of 241 Cal. Rptr. 3d 856 (Shasta Cnty. Health & Human Servs. Agency v. R.T. (In re J.Y.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shasta Cnty. Health & Human Servs. Agency v. R.T. (In re J.Y.), 241 Cal. Rptr. 3d 856, 30 Cal. App. 5th 712 (Cal. Ct. App. 2018).

Opinion

Robie, J.

*714In case No. C082548, appellant R.T., mother of minor J.Y., appeals from the juvenile court's order authorizing J.Y.'s removal from his previous caretakers and placement with the caretakers of his two siblings, minors Ja.Y. and Ju.Y., to be adopted through tribal customary adoption. She contends the removal and placement was not in the minor's best interests.

In case No. C084428, mother appeals from the juvenile court's order granting the Pit River Tribe's (the Tribe) petitions for modification, giving full faith and credit to an amended tribal customary adoption order. She argues the order must be reversed because: (1) the Tribe did not have standing to file Welfare and Institutions Code section 3881 petitions for modification *859and (2) the juvenile court acted beyond its authority in giving *715full faith and credit to the amended tribal customary adoption order because it had already given full faith and credit to the original tribal customary adoption order. She also argues that the juvenile court erred in continuing the section 366.26 hearing beyond the timeframe provided by statute.

The two appeals were consolidated for the purposes of oral argument and decision. We conclude that mother lacks standing to raise the placement issue on appeal and reject the remaining contentions.

FACTUAL AND PROCEDURAL BACKGROUND

On September 30, 2013, Shasta County Health and Human Services Agency (the Agency) filed section 300 petitions on behalf of mother's three children, Ja.Y., Ju.Y., and J.Y., then ages five years, two years, and eleven days, respectively. The petition was based on mother's mental illness and both parents' substance abuse and domestic violence. The minors' father was a member of the Tribe and each minor is an Indian child, as defined by the Indian Child Welfare Act (ICWA). ( 25 U.S.C. § 1901 et seq. ) The minors were detained, with J.Y. subsequently being placed separately from his siblings. The Agency and the Tribe, however, were looking to place all three minors in an ICWA-approved home.

The juvenile court declared the minors dependents and reunification services were provided to mother.2 Mother failed to reunify and, on October 3, 2014, reunification services were terminated. The juvenile court identified adoption as the minors' permanent plan at the February 27, 2015 section 366.26 hearing, and continued the hearing to receive reports regarding finding an adoptive family.

J.Y.'s foster parents were granted prospective adoptive parent status over the objections of the Agency and the Tribe. On August 21, 2015, the Agency filed a notice of intent to remove J.Y. from his placement and place him with his siblings. The Agency reported the Tribe was requesting the move and wanted to pursue tribal customary adoption.

On April 28, 2016, at the section 366.26 hearing, the juvenile court ordered tribal customary adoption as the minors' permanent plan. The juvenile court continued the section 366.26 hearing to August 26, 2016, to provide the Tribe time to file a tribal customary adoption order and continued the hearing on the planned placement change for minor J.Y.

On May 19 and 20, 2016, the juvenile court heard the proposed placement change for the J.Y. matter. On June 28, 2016, the juvenile court granted the *716proposal to place J.Y. with his siblings and, a few weeks later, issued its final order changing J.Y.'s placement. Mother filed a notice of appeal from this order in case No. C082548.

On August 26, 2016, the juvenile court gave the Tribe's initial tribal customary adoption order full faith and credit. Regarding visitation, the order read, in relevant part: "[Mother] and the children may have contact at a minimum of one time per month, for up to two hours per visit. These visits are to be supervised by one or both of the adoptive parents, or, if the adoptive parents are unwilling or unable to supervise, by a third party approved by the adoptive parents, with such approval not to be unreasonably withheld. The time, place, and manner of visitation shall be determined by the adoptive parents in light of the children's best interests. Any fee charged by a third party to supervise said *860visits shall be the mother's responsibility. [¶] Visitation may gradually be increased to up to four times per month, for up to two hours per visit, so long as the mother consistently attends the visits and is consistently sober during the visits. If the adoptive parents have reason to believe that the mother is not sober prior to or during any visit, the visit may be cancelled or rescheduled at the adoptive parents' discretion. Notice of such cancelled or rescheduled visits must be provided to the Tribe by the adoptive parents." The juvenile court thereafter continued the hearing (several times) to December 19, 2016, to allow the Agency to complete a home study of the proposed adoptive home.

On December 15, 2016, the Agency filed an addendum report advising that the minors were doing well in their placement and that the home study had been approved. The Agency also requested a further continuance to allow the Tribe to consider amending the tribal customary adoption order due to visitation issues that had arisen regarding visits between mother and the minors. The Tribe requested sufficient time to permit all parties the opportunity to submit evidence to the Tribe prior to the drafting of an amended tribal customary adoption order. Mother did not object.

On February 7, 2017, the Tribe filed section 388 petitions modification of a court order, asking the juvenile court to withdraw the full faith and credit given to the previous tribal customary adoption order, and instead give full faith and credit to the amended tribal customary adoption order. The relevant portion of the amended order, addressing visitation, provides as follows: "[Mother] and the children may have contact at the sole discretion of the adoptive family. If permitted, in-person contact shall be supervised, unless the adoptive parents determine that supervision is not necessary to protect the children's health, safety, and well-being. The time, place, and manner of visitation shall be determined by the adoptive parents in light of the children's best interests. Any fee charged by a third party to supervise said visits *717shall be the mother's responsibility." The Tribe believed this clarification would encourage mother to behave more appropriately during visits.

Mother was not present at the combined hearing on the petitions for modification and the section 366.26 hearing was continued. Counsel (specially appearing) for mother communicated mother's opposition to tribal customary adoption, but did not specifically object to the implementation of the amended tribal customary adoption order (over the initial tribal customary adoption order).

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Cite This Page — Counsel Stack

Bluebook (online)
241 Cal. Rptr. 3d 856, 30 Cal. App. 5th 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shasta-cnty-health-human-servs-agency-v-rt-in-re-jy-calctapp5d-2018.