D.M. v. Superior Court, G041370.

CourtCalifornia Court of Appeals
Citation173 Cal.App.4th 1117,93 Cal. Rptr. 3d 418
Decision Date13 April 2009
Docket NumberNo. G041370.,G041370.
PartiesD.M. et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; ORANGE COUNTY SOCIAL SERVICES AGENCY et al., Real Parties in Interest.

Nicole Williams for Petitioner D.M.

Rich Pfeiffer for Petitioner L.M.

Benjamin P. de Mayo, County Counsel, Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Real Party in Interest Orange County Social Services Agency.

Law Offices of J. Michael Hughes and Lawrence A. Aufill for Minor C.M.

OPINION

ARONSON, J.

D.M. (father) and L.M. (mother) (collectively, petitioners or parents) seek writ relief from the order of the juvenile court sustaining dependency jurisdiction over their now 15-year-old adopted daughter, C.M. (See Welf. & Inst. Code, § 300, subds. (b), (g); all further undesignated statutory references are to this code.) Parents do not wish to reunify with C.M.; rather, the gist of their position is that C.M. should be a ward of the court instead of a dependent so they can be spared the alleged stigma of dependency proceedings. Counsel for the minor opposes the writ petition. For the reasons we explain below, petitioners' challenges are without merit, and we therefore affirm the order sustaining dependency jurisdiction over C.M.

I FACTUAL AND PROCEDURAL BACKGROUND

Consistent with the standard of review, we set out the facts in the light most favorable to the juvenile court's order. (See Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224, 229 [30 Cal.Rptr.3d 145, 113 P.3d 1159]; 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 364, p. 414 ["`All of the evidence most favorable to the respondent must be accepted as true, and that unfavorable discarded as not having sufficient verity to be accepted by the trier of fact.'"].)

Exposed by her birth mother to narcotics in utero, C.M. endured years of abuse and neglect at her birth mother's hands. Her birth mother struck her and reportedly prostituted her to feed a drug habit. C.M. vividly remembered being sexually abused by a maternal uncle when she was four years old. Orange County Social Services Agency (SSA) removed C.M. from her birth mother's custody at age five. After two prospective adoptive families disintegrated in divorce, petitioners, who had adopted C.M.'s younger half siblings, accepted C.M. on a "`trial basis'" because she had nowhere else to go. Petitioners adopted C.M. in 2003 at age nine.

According to C.M., she never felt a sense of belonging with her adoptive parents. Her birth mother reappeared in her life when she was in seventh grade, showering her with affection. The birth mother contacted C.M. at school and attended her basketball practices. Meeting surreptitiously, C.M. enjoyed the attention. But her behavior deteriorated, marked by lying, stealing, a defiant attitude, and truancy. She stole money from her adoptive mother to give to her birth mother, and stole cell phones from friends to call her birth mother. Petitioners placed C.M. on restriction and further attempted to modify her behavior and safeguard her by moving her to a different school.

Petitioners grounded C.M. on May 17, 2008, after she received a poor report card and a classmate's father complained she harassed his daughter with hostile text messages. While the rest of the family attended a birthday party, C.M. remained home. Later claiming she only intended to cause the two family dogs to have diarrhea for her mother to clean up, C.M. fed the animals her adult sister's medication, naproxen. The family returned home to find one dog already dead and the other, foaming at the mouth, about to die. Petitioners called the police, who arrested C.M. for animal cruelty, escorting her out of the house in handcuffs. The police transported C.M. to juvenile hall, where she spent two months awaiting a delinquency hearing on two counts of misdemeanor animal cruelty filed by the district attorney.

Based on the incident, a social worker filed a child abuse report against C.M. for emotional abuse of her siblings. The worker also filed a report against mother because she reacted to the incident by angrily grabbing C.M.'s upper arms hard enough to leave bruises. The social worker counseled petitioners to have an "action plan" ready to handle C.M. if and when she was released from juvenile hall.

A psychologist, Dr. Jennifer Bosch, and a therapist, David Glavoss, evaluated C.M. in juvenile hall. Both concluded C.M. only meant to make the dogs sick and that she was extremely remorseful and fearful of being abandoned by her parents. Bosch suspected C.M. suffered from reactive attachment disorder; she cautioned C.M.'s mental health might "spiral downward" without an emotionally available parental figure. Glavoss diagnosed C.M. with posttraumatic stress disorder resulting from sexual abuse abuse and neglect by her birth mother, loss of her birth mother, failed adoptive placements and rejections, and unprocessed trauma. Bosch and Glavoss concurred, however, that C.M. was "`very salvageable,'" noting a remarkable absence, in light of her history, of drug or alcohol usage, sexual acting out, school failure, or significant defiance or criminal behavior other than the charged incident. According to Bosch, psychological testing indicated C.M. would not harm another person and that "with the right interventions it is unlikely that she will act out on an animal again." Bosch explained to petitioners, however, that C.M.'s progress "would require a lot of work and commitment on their part and that they would have to be able to love her unconditionally and put this behind them," likely requiring intense therapeutic support themselves.

On June 11, 2008, the delinquency court sustained the district attorney's animal cruelty allegations against C.M. and ordered a probation report. Based on her interview with the parents, the probation officer concluded they "have no desire to reunify with the minor." According to the probation officer, the parents planned "to pursue reversal of the adoption." The officer "d[id] not recall that the parents ever referred to the child they have raised for the past seven years as their `daughter.' It is clear they want no part of a future relationship with her." They proffered no relatives or suitable adults to assume responsibility for C.M.

Observing "the 65 days in custody have made the desired impact upon the minor, that such thoughtless and cruel behavior will not be tolerated," the probation officer recommended informal probation instead of wardship for C.M. (§ 725.) "Since her adoptive parents will not take her back home," the probation officer observed "the minor will again need protective custody," and recommended the "services and resources of Social Services." The delinquency court rejected the district attorney's request to declare C.M. a ward of the court, ordered informal probation, and released her to Orangewood Children's Home. The delinquency court recommended placing C.M. in a home without small children or animals.

SSA immediately filed a dependency petition alleging C.M. came under the juvenile court's jurisdiction under section 300, subdivision (b), for her parents' failure to protect her, including the allegation her mother left bruises on her arm, and under subdivision (g) because C.M. was left without any provision for support. The juvenile court detained C.M., noting, "I think we have no choice but to go forward . . . because . . . she has nowhere to go." The parents declined reunification services. Based on the possibility the court could declare C.M. a ward of the court if she failed to follow the terms of her probation, the juvenile court granted petitioners' request for a joint report from SSA and the probation department concerning whether dependency or wardship status would be more appropriate for C.M.

In October 2008, after conferring with C.M.'s former and current probation officers, C.M.'s social worker filed a report with the juvenile court reflecting their joint conclusion dependency status remained more appropriate than wardship for C.M. The report recounted 12 "decision-making criteria," of which only one supported wardship—C.M.'s presumed maturity at age 14. The juvenile court rejected the parents' challenges to the report, sustained dependency jurisdiction over C.M., and petitioners now pursue this writ petition.

II DISCUSSION
A. Section 241.1 Furnishes No Basis for Writ Relief

(1) Petitioners contend the report SSA and the probation department prepared for the juvenile court under section 241.1 was inadequate because the social worker allegedly prepared it unilaterally, without independent assessment by C.M.'s probation officers of certain factors enumerated in section 241.1. Section 241.1 sets forth the procedure for the juvenile court to handle cases in which it may have dual bases for jurisdiction over a child. Under section 300, a child who is neglected or abused falls within the juvenile court's protective jurisdiction as a "dependent child of the court." Alternatively, the juvenile court may take jurisdiction over a minor as a "ward of the court" when the child is habitually disobedient or truant (§ 601), or commits a crime (§ 602).

Section 241.1 requires that whenever it appears a minor may fit the criteria of both a dependent child and a delinquent ward, SSA and the probation department must jointly "initially determine which status will serve the best interests of the minor and the protection of society." (§ 241.1, subd. (a).) Both agencies present their recommendations to the juvenile court, which then must determine the appropriate status for the child. (Ibid.) Dual jurisdiction is generally forbidden; a minor may not be both a dependent child and a delinquent ward of the court absent a written protocol agreed upon by the presiding judge of the juvenile court, SSA, and the probation department. (See § 241.1,...

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