Silva v. James P.

227 Cal. App. 3d 1322, 278 Cal. Rptr. 242, 91 Daily Journal DAR 2144, 91 Cal. Daily Op. Serv. 1362, 1991 Cal. App. LEXIS 142
CourtCalifornia Court of Appeal
DecidedJanuary 30, 1991
DocketNo. H006196
StatusPublished
Cited by1 cases

This text of 227 Cal. App. 3d 1322 (Silva v. James 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
Silva v. James P., 227 Cal. App. 3d 1322, 278 Cal. Rptr. 242, 91 Daily Journal DAR 2144, 91 Cal. Daily Op. Serv. 1362, 1991 Cal. App. LEXIS 142 (Cal. Ct. App. 1991).

Opinion

Opinion

PREMO, J.

In this appeal a stepparent seeks to challenge a permanency planning order by the juvenile court (Welf. & Inst. Code, § 366.25) on the [1324]*1324ground that he was not afforded adequate reunification services. We will hold that a stepparent is not a “parent” for purposes of juvenile dependency proceedings, and therefore is not entitled as of right to a reunification plan designed to facilitate return of the child to parental custody. Accordingly, the question of the adequacy of reunification services is a moot one, which renders the instant appeal subject to dismissal.

Background

Jodi B., age 12 at the time of the order, is the oldest of 4 children. Their mother, Dianna P., is not a party to this appeal. Appellant James P. is the natural father of only the three younger children, Jamie, Brandi, and Cathy; however, Jodi has lived with him and Dianna since her birth.

The minors were all made dependents of the court in November 1987, after the court sustained a petition alleging extreme family conflict and previous sexual molestation of the three older children. A service plan for appellant and Dianna required them to engage in individual and marital psychotherapy, successfully complete a parenting class, secure stable employment, maintain a home in the same location for at least six months, visit at least weekly with the children, and refrain from alcohol and drug use. In addition, they were ordered to undergo a psychological evaluation, which concluded that “neither James nor Dianna [P.] has the capacity or the emotional stability to effectively parent these children.”

In May 1988, .dependency was continued and a second psychological evaluation was ordered to determine whether either Dianna or appellant was capable of parenting appropriately. That question was answered in the negative for both parents in a report submitted in August 1988. Accordingly, it was recommended that the children not be returned to the custody of either Dianna or James. A separate assessment of Jodi resulted in a recommendation of long-term foster care for her.

In May and June 1989, the court held a permanency planning hearing regarding all four children. The court heard testimony from the social worker, the three older children, three psychologists who had examined the P.’s, the minors’ child advocate, and appellant. At the conclusion of the hearing, the court found that return of the children to the P.’s would be detrimental to their physical and emotional well-being. In particular, the court found: “First, that the plans for reunification that have been set up and have been attempted have failed; that the parents do not have the ability or the capacity to parent these children and will not have the ability and capacity in the future; that because of the children’s background and upbringing, they are special-needs children and that continued attempts at [1325]*1325reunification will be detrimental to them in light of the fact that reunification is not possible . . . Accordingly, Brandi and Jamie were referred for institution of guardianship proceedings; Cathy was referred for initiation of proceedings to terminate parental rights pursuant to Civil Code section 232; and Jodi was ordered into long-term relative or foster care, with placement preferably to be in her current foster home. The court further authorized visitation by the P.’s with all of the children except Cathy.

Appellant filed an appeal of these orders as to all four children, claiming inadequate reunification services. As to Brandi, Jamie, and Cathy, this court dismissed the appeal on August 14, 1990, pursuant to Welfare and Institutions Code section 366.25, subdivision (j). A petition for review of the order of dismissal was denied by the Supreme Court on October 22, 1990. We therefore confine our discussion to appellant’s contentions as they relate to Jodi.

Discussion

Appellant’s primary contention on appeal is that inadequate reunification services were provided to him and Dianna. Before we can reach this issue, however, we must consider the threshold question of whether appellant, as Jodi’s stepfather, had a right to such services in the first place.

Respondent minor, joined by the chief probation officer, argues that the juvenile court lacked authority to order reunification services for appellant since he is not Jodi’s parent and has no right to custody of the minor for purposes of juvenile dependency proceedings. Respondents point out that the purpose of such services is to facilitate return of custody to a “parent or guardian” of the minor. (Welf. & Inst. Code, §§ 361.5, 366.2, 366.21.)1 Since appellant has not been accorded the legal status of parent or guardian, he had no right to custody, and therefore had no right to reunification services.

Appellant responds that he is Jodi’s parent, as that term is “commonly understood,” by virtue of a parent-child relationship “by affinity.”2 Appellant further argues, citing In re Venus B. (1990) 222 Cal.App.3d 931 [272 Cal.Rptr. 115], that he is a “relative” within the meaning of section 362, [1326]*1326subdivision (c)3 and was therefore entitled to participate in efforts to reunify the family.

Subject to certain exceptions enumerated in subdivision (b) of section 361.5, subdivision (a) requires that upon removal of a minor from “a parent’s or guardian’s” custody the juvenile court order the probation officer to provide child welfare services “to the minor and the minor’s parents or guardians” in order to facilitate reunification of the family within 12 months. (Italics added.) In addition, before parental rights may be terminated pursuant to Civil Code section 232, subdivision (a)(7), the court must find that “reasonable services have been provided or offered to the parents which were designed to aid the parents to overcome the problems which led to the deprivation or continued loss of custody . . . .” (Italics added.)

Clearly the purpose of reunification services is to facilitate the return of a dependent child to parental custody. If appellant, as a stepparent, is not a “parent” within the meaning of these provisions, then the legislative objective of returning the minor to parental custody has no application to him, and a requirement that child welfare services be provided to him would serve no purpose.4 We therefore must consider whether appellant, the minor’s stepfather, is a “parent” within the meaning of California’s juvenile dependency law.

The dependency provisions of the Welfare and Institutions Code do not define “parent” or “parental custody.” Black’s Law Dictionary (6th ed. 1990) page 1114, defines a “parent” as “[t]he lawful father or mother of a person.” The term includes the natural mother and father of a child born of their marriage, an adoptive father or mother, a natural mother of an illegitimate child, and, under some circumstances, a father of an illegitimate child if the status of father has been judicially conferred upon him. (See, e.g., Civ. Code, § 7017 [criteria for identifying father for notification purposes in adoption proceedings].)

[1327]*1327In some contexts outside of dependency proceedings, California statutes explicitly define the term “parent,” particularly where they expand the scope of reference to persons other than biological or adoptive parents.

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Related

In Re Jodi B.
227 Cal. App. 3d 1322 (California Court of Appeal, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
227 Cal. App. 3d 1322, 278 Cal. Rptr. 242, 91 Daily Journal DAR 2144, 91 Cal. Daily Op. Serv. 1362, 1991 Cal. App. LEXIS 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silva-v-james-p-calctapp-1991.