Social Services Agency v. Daphne S.

82 Cal. App. 4th 282, 98 Cal. Rptr. 2d 93, 2000 Daily Journal DAR 7871, 2000 Cal. Daily Op. Serv. 5950, 2000 Cal. App. LEXIS 560
CourtCalifornia Court of Appeal
DecidedJuly 17, 2000
DocketNo. G026130
StatusPublished
Cited by1 cases

This text of 82 Cal. App. 4th 282 (Social Services Agency v. Daphne 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
Social Services Agency v. Daphne S., 82 Cal. App. 4th 282, 98 Cal. Rptr. 2d 93, 2000 Daily Journal DAR 7871, 2000 Cal. Daily Op. Serv. 5950, 2000 Cal. App. LEXIS 560 (Cal. Ct. App. 2000).

Opinion

Opinion

SILLS, P. J.

I. Introduction

“Because we so abhor the involuntary separation of parent and child,” wrote Justice Baxter for the court in In re Kieshia E. (1993) 6 Cal.4th 68, 76 [23 Cal.Rptr.2d 775, 859 P.2d 1290], “the state may disturb an existing parent-child relationship only for strong reasons and subject to careful procedures.” (Ibid.) Not surprisingly then, California law requires that there be no lesser alternative before a child may be removed from the home of his or her parent.1

In this case, a social worker opined that a teenager should not be returned to her mother because both her parents apparently lacked a “full understanding” of their 15-year-old daughter’s adolescent “issues.” Excuse us—but [285]*285what parent doesn’t that describe? A social worker’s opinion that parents have not sufficiently internalized proper parenting skills is not substantial evidence to justify even a detriment finding (see Blanca P. v. Superior Court (1996) 45 Cal.App.4th 1738, 1751 [53 Cal.Rptr.2d 687] [failure to internalize general parenting skills was insufficient evidence to support detriment finding at 18-month review]), much less removal under section 361. Because the trial court had no substantial evidence on which to predicate a finding of substantial danger to the daughter, we reverse the dispositional order.

And then there is the incident involving a nose stud—ironically acquired after detention—to which we fear the trial court accorded rather exaggerated significance. That incident is explained in its proper context below (in pt. III.B., post, of this opinion).

n. Facts

In late May 1999, then 15-year-old Jasmine was living with her mother, Daphne, in Tustin. Her father, Michael, lived in Fountain Valley. As a social worker’s report would later note, both parents were employed, “law-abiding citizens” with no alcohol or drug dependencies and no prior encounters with the juvenile dependency system. Both parents explicitly shared the responsibility for rearing Jasmine, in terms of such things as curfew hours, when she could go out, and what sort of clothes she could wear.

On May 21, Daphne used a switch to discipline Jasmine for having invited a boy into the home in violation of house rules. Both parents considered the presence of a stranger in the home to be a serious, even “life-threatening” matter. Michael used a thin leather belt to strike Jasmine across the buttocks and on the upper back of the legs for the same incident. Daphne also used a switch two days later to discipline Jasmine for failing to wash the dishes.

These incidents left marks and prompted the county’s social services agency to file a petition to declare Jasmine a dependent child and detain her at Orangewood Children’s Home. Between the May 1999 detention and the commencement of the dispositional hearing in late August, Jasmine went from Orangewood to an unsatisfactory placement in a foster home, back to Orangewood, and then to two group homes. And she saw a therapist.

For their part, the parents also saw a therapist—privately paid for—and stipulated to jurisdiction based on a finding that they had “physically abused” their daughter. They also each completed a parenting course.

The dispositional hearing consisted of the testimony of six witnesses: the parents’ private therapist, Jasmine herself, the social worker, mom, dad, and [286]*286Jasmine’s therapist. Much of the record is preoccupied with household minutia: Jasmine must “earn” the ability to go out with her friends by getting good grades, but doesn’t have to earn the right to watch television. She is expected to receive no “C’s” on her report card, and no more than one or two “B’s.” Her mother lets her shave her legs. Jasmine’s mother does not allow her to wear red nail polish, and her father does not allow her to wear “sparkly” nail polish. He thinks she should stick with pastels. Jasmine spends her weekends doing homework, and in her free time she goes swimming 15 days out of the month; she goes to school dances with her friends, basketball and football games, and she often goes to “the mall.”

The important facts are these: Jasmine’s mother, Daphne, and father, Michael, both testified that they had changed their attitudes toward corporal punishment for teenagers and expressed remorse that their physical abuse of their daughter had led to the dependency. Jasmine’s therapist testified that Jasmine had no anger toward, or “fear” of, either parent. Jasmine herself testified that she wanted to go back to either her mother’s or her father’s house. Jasmine believed that her mother had “learned from this whole thing” and didn’t believe her mother would “hit [her] again.”2 She also, however, testified that at various times she had been disciplined by Daphne “in anger” and had been “slapped” by her. The parent’s therapist stated that Jasmine was in no “danger” if she were returned to one of the parents, and noted that the parents had each expressed remorse and had the “motivation to change their former forms of discipline.”

The social worker, however, testified that she did not believe Jasmine should be returned because the “parents seem to lack understanding of their responsibility and their roles in the incident that brought [Jasmine] to social service agency’s attention.” As support for her assertion of lack of understanding, she mentioned the “mother’s own statements” that “any time Jasmine adamantly defiles [sic: probably “defies”] their rules then she is given corporal punishment,” and the mother’s belief that Jasmine “was endangering her life by allowing a stranger in their home.” The social worker mentioned the father’s statement that “if he was going to spank her he should have started at an earlier age and not now” as expressive of the view “that he wasn’t admitting to maybe he had made a mistake.”

The social worker further complained about the parents’ “lack of cooperativeness and the hostility that’s been presented to [her],” and the fact the mother had written a note to Jasmine’s physical education teacher after having used a switch on her to the effect that she had rashes. She followed [287]*287that with the comment, to which we have alluded above, that the “parent’s don’t have a full understanding of Jasmine’s issues as a 15-year-old child and have really isolated her and protected her in that she is having difficulties dealing with adolescent issues.” The social worker was also opposed to returning Jasmine to her father’s home because of undisclosed “difficulties” between her father and his wife.3

Jasmine’s own therapist, having never talked to the parents, was “hesitant” about making a recommendation as to whether Jasmine should be returned home. She did, however, say that she “would like to see some sessions” prior to any return, so that the there would be “some very clear and sane guidelines about what is expected of Jasmine. And also some clear idea about what’s going to happen if she didn’t comply.”

During the hearing, the trial court itself asked some questions centering on the parents’ philosophy of child rearing.

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Related

In Re Jasmine G.
98 Cal. Rptr. 2d 93 (California Court of Appeal, 2000)

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82 Cal. App. 4th 282, 98 Cal. Rptr. 2d 93, 2000 Daily Journal DAR 7871, 2000 Cal. Daily Op. Serv. 5950, 2000 Cal. App. LEXIS 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/social-services-agency-v-daphne-s-calctapp-2000.