Sonoma Cnty. Human Servs. Dep't v. Heather B. (In re C.W.)

245 Cal. Rptr. 3d 463, 33 Cal. App. 5th 835
CourtCalifornia Court of Appeal, 5th District
DecidedMarch 29, 2019
DocketA152993
StatusPublished
Cited by55 cases

This text of 245 Cal. Rptr. 3d 463 (Sonoma Cnty. Human Servs. Dep't v. Heather B. (In re C.W.)) 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
Sonoma Cnty. Human Servs. Dep't v. Heather B. (In re C.W.), 245 Cal. Rptr. 3d 463, 33 Cal. App. 5th 835 (Cal. Ct. App. 2019).

Opinion

STEWART, J.

*837*466Heather, the mother of a 16-year-old boy, C.W. who entered the child dependency system at age 10, appeals the juvenile court's orders terminating this dependency case and awarding sole legal and physical custody of C.W. to his father, Rusty, who lives in Louisiana. We reverse.

The orders appealed from here were the culmination of a series of rulings by the Sonoma County juvenile court that Heather asks us to review. After it terminated reunification services early for both parents and adopted a permanent plan, the juvenile court returned a minor to the custody of a parent who is an admitted, convicted child sex abuser, failed to reunify with his son, *838participated in barely any reunification services, engaged in no sexual abuse counseling, and lives on the other side of the continental United States, far away from the watchful eye of even the most conscientious local child welfare officials. This began, without notice, as a "trial home visit" with the boy's father after reunification had already failed. The visit then transformed into a new permanent plan of "family maintenance" with his father, again with no notice or hearing. Regrettably, while living with his father C.W. deteriorated on virtually all fronts, including trouble in school and at home, conflict with his father, sexual misbehavior and ultimately trouble with the law. Eventually, C.W.'s father kicked C.W. out of his own home and sent him to live in a children's group home in Louisiana at the urging of local law enforcement officials. Meanwhile in California, C.W.'s mother felt ready herself to regain custody of C.W., having through her own efforts overcome a pernicious cycle of homelessness and drug addiction and become gainfully employed. But rather than order C.W. returned to California where effective supervision over him could resume, and where his mother pleaded ceaselessly for his return, the juvenile court eventually closed the book on these dependency proceedings. It terminated its jurisdiction over C.W., who by then was still living in the out-of-state group home, and it awarded sole legal and physical custody of the boy to his father-who had not made any demonstrated progress toward overcoming his past behaviors as a child sex abuser or the risk they posed to his son.

While this appeal was pending, C.W.'s father then removed C.W. from the group home after again having been accused of child sexual abuse. Louisiana child protection authorities then removed C.W. on an emergency basis from his father's custody, resulting in a Louisiana dependency court asserting competing jurisdiction over C.W. Eventually, the Louisiana court sent C.W. back to California to live with his mother and very recently it terminated its own case.

We hold, first, that this appeal is not moot in light of these post-judgment developments, because under the Uniform Child Custody Enforcement Act (UCCJEA), California has continuing, exclusive jurisdiction over the permanent disposition to be made concerning C.W.'s custody. On the merits, we hold the juvenile court abused its discretion in awarding custody of C.W. to his father under all of the circumstances (not including those that transpired after the entry of judgment). Accordingly, we will reverse both the custody award entered by the juvenile court and its termination of jurisdiction.

STATUTORY OVERVIEW

This appeal solely concerns rulings made after the juvenile court terminated *467reunification services for both parents, during the phase of proceedings *839in which it selected and implemented a permanent plan for C.W. (the "post-reunification" or "permanency planning" phase), which in this case involved, at least initially, continuation in foster care. Before discussing the background of this case, we briefly summarize the legislative scheme governing the post-reunification phase of juvenile dependency proceedings for such children, in order to put the challenged rulings in context.

Although the legislative scheme is somewhat labyrinthine, it is simple in basic concept.1 Its purpose is to balance efforts to reunify a parent with their child with the child's need for a stable, permanent home. ( Sara M. v. Superior Court (2005) 36 Cal.4th 998, 1015, 32 Cal.Rptr.3d 89, 116 P.3d 550.) "The parent is given a reasonable period of time to reunify and, if unsuccessful, the child's interest in permanency and stability takes priority." ( Id . at pp. 1015-1016, 32 Cal.Rptr.3d 89, 116 P.3d 550.) The critical juncture is when a hearing pursuant to Welfare and Institutions Code section 366.262 is set to determine a permanent plan of care for the dependent child, sometimes referred to as the "permanency planning hearing." (See In re Maria Q . (2018) 28 Cal.App.5th 577, 593, 239 Cal.Rptr.3d 375.) "[U]p until the time the section 366.26 hearing is set, the parent's interest in reunification is given precedence over the child's need for stability and permanency." ( In re Marilyn H . (1993) 5 Cal.4th 295, 310, 19 Cal.Rptr.2d 544, 851 P.2d 826.) The reunification period may last as long as 18 months, and it may be yet another four months before the section 366.26 hearing is held. ( In re Marilyn H. , at p. 310, 19 Cal.Rptr.2d 544, 851 P.2d 826.) "While this may not seem a long period of time to an adult, it can be a lifetime to a young child. Childhood does not wait for the parent to become adequate." ( Ibid . ) "After the termination of reunification services, the parents' interest in the care, custody and companionship of the child are no longer paramount.

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Bluebook (online)
245 Cal. Rptr. 3d 463, 33 Cal. App. 5th 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sonoma-cnty-human-servs-dept-v-heather-b-in-re-cw-calctapp5d-2019.