David B., In re

• Decision Date: 28 March 1979
• Citation: 154 Cal.Rptr. 63,91 Cal.App.3d 184
• Court: California Court of Appeals Court of Appeals
• Parties: In re DAVID B., a Minor. KERN COUNTY WELFARE DEPARTMENT, Petitioner and Respondent, v. DELORES B., Objector and Appellant. Civ. 3870.

Page 63

154 Cal.Rptr. 63

91 Cal.App.3d 184

In re DAVID B., a Minor.

KERN COUNTY WELFARE DEPARTMENT, Petitioner and Respondent, v. DELORES B., Objector and Appellant.

Civ. 3870.

Court of Appeal, Fifth District, California.

March 28, 1979.

David H. Fielding, San Francisco, for objector and appellant

George Wright Quick, Bakersfield, for minor.

Ralph B. Jordan, County Counsel and Carol D. Brown, Deputy County Counsel, Bakersfield, for petitioner and respondent.

OPINION

FRANSON, Acting Presiding Justice.

STATEMENT OF THE CASE

This is an appeal from a judgment entered pursuant to Civil Code section 232, subdivision (a)(6), declaring the minor David B. forever free from the custody and control of his only known parent, appellant Delores B., and referring David for adoption placement. The basis for the order severing the parental relationship was appellant's inability to care for her son, due to her mental illness.

Dependency proceedings were initiated by the Kern County Welfare Department on December 23, 1976, just a few days after David was born to appellant. A petition was filed in the superior court alleging that David came within the provisions of former Welfare and Institutions Code section 600, subdivision (a) (now § 300, subd. (a)), because he had no parent capable of or willing to exercise parental care and control. At the jurisdictional hearing on January 3, 1977, the court found the allegations of the amended petition to be true. A dispositional hearing was held on January 17, 1977, at which time the court considered a report prepared by social worker Suzanne Dawson.

The juvenile court concluded that appellant was incapable of providing, or had failed to provide proper maintenance, training, and education for David. The court further found that it would be detrimental to the minor to be returned to his mother's custody. The juvenile court accordingly ordered that David should remain in shelter care pending placement. Although appellant received notice of her right to appeal from that order, no appeal was taken. Proceedings to have David declared forever free from the parental custody and control of appellant were commenced shortly thereafter. On January 25, 1977, respondent filed a petition in the superior court alleging that David was a minor described by Civil Code section 232, subdivision (a)(6). ¹ The petition sought to have David placed in the custody of the Kern County Welfare Adoptions Unit for the purpose of adoption planning and placement.

Pursuant to section 232, the court ordered that a citation issue to appellant, directing her to appear at a hearing on the petition. Prior to the hearing, psychological reports on appellant were filed by court appointed psychiatrists, Dr. Phillip Kelly, Jr., and Dr After hearing the testimony and reviewing the reports of the psychiatrists, the probation officer and the social worker, the court found inter alia that:

Richard E. Burdick. A probation officer's report was also filed.

"2. Because of the mental deficiency and mental illness of respondent, natural mother, said mother is and will remain incapable of supporting or controlling said minor in a proper manner.

"3. Two Board certified psychiatrists testified the natural mother is and will remain incapable of supporting and controlling said minor.

"4. It would be detrimental to the child if he were returned to the natural mother.

"5. It is in the best interest of the child if he is freed from the custody and control of the mother.

"6. No protective services offered by the County of Kern are appropriate for the welfare of the minor."

Additional findings of fact and conclusions of law were subsequently filed by the trial court. On December 21, 1977, judgment was entered freeing David B. forever from the parental custody and control of his mother appellant Delores B.

THE EVIDENCE

David B. was born to appellant at Kern Medical Center in Bakersfield on December 17, 1976. The child's father is unknown. ² Four days after David was born, he was placed in protective custody because members of the hospital staff concluded that it would be dangerous to place the newborn infant in his mother's care at home.

Appellant's history prior to giving birth to David is recounted in a social worker's report which was prepared for the juvenile court dispositional hearing, and admitted into evidence at the section 232 hearing. The report depicts a tragic history of continuing mental illness. It states that appellant was a victim of parental abuse by her emotionally disturbed mother. In 1966, appellant, who was then 16 years old, was admitted to a Pennsylvania hospital due to her mental illness, which was then diagnosed as a form of schizophrenia. She remained hospitalized for two years. Appellant then lived and worked in Pennsylvania for two years until she became pregnant with twins. She then traveled by bus to San Diego, California, to look for the alleged father of her unborn twins. Appellant believed that the father was in California, because she had reportedly received messages from extra-terrestrial beings. In San Diego, appellant was investigated by various social agencies, because of her doctor's concern for her ability to care for the twins. These investigations resulted in the children being removed from appellant's custody; the twins have since been freed for adoption.

In 1972, appellant traveled to Bakersfield, again searching for the twins' alleged father. The Kern County Welfare Department became involved with appellant in 1973, when the department attempted to help her qualify for Aid to the Totally Disabled on the basis of her past emotional instability. Appellant underwent a psychological evaluation to qualify for the financial aid and was again diagnosed as schizophrenic. She refused any ongoing therapy at that time. In November 1973, appellant was admitted to the mental ward of Kern Medical Center after exhibiting violence on neighbors. Shortly after her release, she was re-admitted to the hospital because she failed to care for herself when sick with the flu. Appellant then spent about one and one-half years in a convalescent hospital, until she was transferred to a board and care facility. Representatives of the State Department of Health Continuing Care Services then became involved in providing services for appellant. When it was discovered that appellant was again pregnant, representatives of Continuing Care Services David has never lived with his mother, thus there is no evidence that she has ever physically abused him. However, appellant does have a history of violent behavior. She reportedly "slaps her cats around" when she is angry. Two dead cats, apparently strangled, were found in the closet of appellant's apartment when she moved out. In 1976, appellant was found guilty of shooting a rifle into an inhabited dwelling; she had fired the weapon because she was angry with neighbors. There were also several other reported incidents when appellant had threatened neighbors with bodily harm.

encouraged her to seek prenatal care. Appellant was uncooperative and planned to have her baby at home without assistance. Although appellant had gonorrhea during her pregnancy, she failed to see a doctor for followup care because she was bleeding and feared that something might be wrong with the baby. In order to assure a safe hospital birth for the baby, representatives of Continuing Care Services petitioned to have appellant admitted to the mental ward of Kern Medical Center. After the baby David was born, appellant was released from the hospital and David was taken into protective custody.

The two court appointed physicians also filed reports and testified at the section 232 hearing. It was stipulated that both doctors were qualified under section 232, subdivision (a)(6). Dr. Burdick's report details appellant's impulsive behavior and nomadic tendencies. The report notes that after David was taken from appellant, she hitchhiked around the east coast looking for relatives. While in Washington, D. C., she was arrested for attempting to climb the White House fence. The doctor diagnosed appellant as paranoid schizophrenic and opined that this illness made her incapable of supporting and controlling David. Dr. Burdick testified that appellant's illness might cause her to be neglectful of David's safety; she might also abandon the child. Burdick thought it was possible that appellant could inflict physical harm on the child in acute stages of her illness. Burdick predicted that if appellant were reunited with David, it would not be a lasting, stable mother-child relationship, because when appellant's problems flared up, there would be no backup support from family and friends. Dr. Burdick stated that he could not foresee a time when appellant would be stable enough so that it would be in the child's best interest to be in her care. The doctor also gave his opinion that no drug therapy or social agencies could successfully assist appellant in providing the stable environment needed to raise the child, particularly because appellant's nomadic tendencies would interfere with attempts at treatment and efforts made by the social agencies. Dr. Burdick concluded that appellant would remain incapable of controlling and supporting her child in the future.

The other appointed psychiatrist, Dr. Kelly, also diagnosed appellant as schizophrenic and concluded that the illness renders her incapable of caring for her son. Dr. Kelly testified that appellant's thought disorder could cause her to act violently. Kelly opined that the child would be in physical danger if he were returned to appellant in her present state. In discussing the prognosis for appellant's illness, Kelly stated that appellant's illness would be lifelong, but he thought the prognosis was fairly good that appellant would be able to control her child if she received two years of continuous treatment. However, Dr. Kelly noted that appellant...