Stanislaus County Department of Human Services v. Linda L.

191 Cal. App. 3d 1229, 236 Cal. Rptr. 859, 1987 Cal. App. LEXIS 1716
CourtCalifornia Court of Appeal
DecidedMay 12, 1987
DocketNo. F006760
StatusPublished
Cited by1 cases

This text of 191 Cal. App. 3d 1229 (Stanislaus County Department of Human Services v. Linda L.) 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
Stanislaus County Department of Human Services v. Linda L., 191 Cal. App. 3d 1229, 236 Cal. Rptr. 859, 1987 Cal. App. LEXIS 1716 (Cal. Ct. App. 1987).

Opinion

Opinion

WOOLPERT, Acting P. J.

Appellant-father, John L., and appellant-mother, Linda L., appeal a court-review and permanency-planning hearing order respecting their minor child, Venita L., bom July 14, 1983.

On October 26, 1983, respondent, Stanislaus County Department of Human Services (DHS), filed a petition to bring the minor within the provisions of Welfare and Institutions Code section 300, subdivision (a),1 based on the following allegation: “That the minor, Venita [L], age 3 months, has no parent or guardian actually exercising or capable of exercising proper and effective parental care or control in that her mother, Linda [L], was hospitalized on October 26,1983, in the psychiatric inpatient unit at Scenic General Hospital for being gravely disabled. [11] And that the minor’s father, John [L], left the minor in the care of the minor’s mother, Linda [L], who is psychiatrically disabled and unable to provide proper parental care.” At the detention hearing on October 31, 1983, the juvenile court ordered suitable placement for the minor.

On November 23, 1983, both parents entered no-contest pleas to the allegations contained in the petition. Given the minor’s out-of-home placement, the juvenile court subsequently conducted status review hearings pursuant to section 366 in April 1984, September 1984, April 1985, and October 1985. At the October 1985 hearing, the juvenile court referee found reunification had not been effected, nor was it likely to occur within the next six months. The referee further found the minor was an adoptable child and ordered county counsel to prepare and file a petition pursuant to Civil Code section 232, to free the minor from the custody of her natural parents for purposes of adoption. Pursuant to section 252, both parents sought a rehearing on court review and permanency planning.

On January 15 and 16, 1986, a judge of the superior court conducted the rehearing after which he terminated reunification services and ordered county counsel to file a Civil Code section 232 petition. It is this order which appellants now challenge.

[1232]*1232Facts

Venita L. first came to the attention of DHS and the juvenile court on October 25, 1983, as a result of her 16-year-old half-sister’s complaint to child protective services. The 16 year old reported she was going to run away from home because her mother, appellant, was having a nervous breakdown. According to the 16 year old, she was expected to care for Venita L., then 3 months old, and her 2 other siblings, a 13-year-old girl and a 23-month-old boy. Appellant-mother was hospitalized the following day. The parents were then not married to one another.

At the time of the court’s dispositional hearing, January 26, 1984, appellant-mother had been released to a board and care facility while appellant-father lived in a Modesto motel. Venita L. was in a receiving home. Appellant-mother thought she would be able to care for Venita L. and her other children “in a couple of months.” Appellant-father said he could not provide a home.

As a result of these circumstances, DHS devised the following reunification plan: “[Mother] shall:

“1. Continue in therapy with the Stanislaus County Mental Health Department until her therapist states she no longer needs treatment.
“2. Establish and maintain her own residence.
“3. Have regular visits with the minor.
“When [Mother] has successfully completed the above and her therapist states that [Mother] is capable of caring for the minor, the social worker shall recommend the beginning of a trial visit.
“[Father] shall:
“1. Demonstrate that he is capable and willing to provide a home for the minor.
“2. Provide and maintain a suitable residence.
“3. Have regular visits with the minor.
“When [Father] successfully completes the above, the social worker shall recommend the beginning of a trial visit.”

[1233]*1233At the first status review hearing in April 1984, appellant-mother remained in the board and care facility; appellant-father lived with his parents. In the interim, between the dispositional hearing and the April review hearing, a newly assigned social worker developed formal reunification contracts with more precise requirements for the parents. Appellant-mother’s reunification contract provided: “ 1.1 will continue in therapy with the Stanislaus County Mental Health Department until my therapist states that I am no longer in need of mental health treatment.

“2. I will provide a statement from my therapist at the Stanislaus County Mental Health Department or other approved resource that I am capable of caring for my daughters.

“3. I will maintain regular visits with my daughters as arranged by the social worker.

“4. I will establish and maintain a suitable residence.

“5. I will demonstrate my ability to successfully maintain an independent living arrangement.

“6. I will allow the social worker to make unannounced visits to my home.

“7. I will sign any needed releases of information.

“8. I will cooperate with the social worker.

“9. I will advise the social worker of any changes in residence, any personal problems or other changes in my status.”

Appellant-father’s reunification contract provided: “1.1 will demonstate that I am capable of and willing to provide a home for my daughter.

“2. I will establish and maintain a suitable residence for myself and my daughter.

“3. I will maintain regular visits with my daughter as arranged by the social worker.

“4. I will allow the social worker to make unannounced visits to my home.

“5. I will sign any needed releases of information.

“6. I will cooperate with the social worker.

[1234]*1234“7. I will advise the social worker of any changes in residence, any personal problems or other changes in my status.”

In late May 1984, appellant-mother was discharged from the “Day Treatment-Rehabilitative Program” in which she had participated since February of 1984. According to her occupational therapist, appellant-mother had markedly decreased her anxiety level to within normal limits and had shown good progress in achieving the goals set in the treatment program. Following her discharge, appellant-mother moved into a one-bedroom duplex with appellant-father. Both parents maintained on a monthly basis regular visitation with the minor. In June 1984, due to appellant-mother’s discharge and her renewed relationship with appellant-father, DHS presented both appellants with amended reunification contracts. In addition to the previous terms, appellant-mother’s amended contract required:

“2. I will submit to a psychological evaluation to address the issue of my capacity to care for my daughters.
“5. I will demonstrate my ability to successfully maintain a living arrangement with John [L] that is appropriate for my daughters.
“10.

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Related

In Re Venita L.
191 Cal. App. 3d 1229 (California Court of Appeal, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
191 Cal. App. 3d 1229, 236 Cal. Rptr. 859, 1987 Cal. App. LEXIS 1716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanislaus-county-department-of-human-services-v-linda-l-calctapp-1987.