Fresno Cnty. Dep't of Soc. Servs. v. Veronica B. (In re S.B.)
| Decision Date | 28 September 2020 |
| Docket Number | F080613 |
| Court | California Court of Appeals Court of Appeals |
| Parties | In re S.B., a Person Coming Under the Juvenile Court Law. FRESNO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. VERONICA B., Defendant and Appellant. |
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION*
APPEAL from orders of the Superior Court of Fresno County. Brian M. Arax, Judge.
Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant.
Daniel C. Cederborg, County Counsel, and Kevin A. Stimmel, Deputy County Counsel, for Plaintiff and Respondent.
-ooOoo- At a Welfare and Institutions Code section 366.261 hearing January 21, 2020, the juvenile court found now four-year-old S.B. likely to be adopted and terminated mother Veronica B.'s parental rights to the child. Mother challenges the orders from the jurisdiction and disposition hearing, claiming her right to challenge those orders is preserved. She also contends the juvenile court erred when it denied her section 388 petition and failed to apply the beneficial parent-child relationship exception to adoption. We affirm.
Nearly three-year-old S.B. was placed in temporary foster care by the Fresno County Department of Social Services (department) on November 26, 2018, when his mother, under the influence of methamphetamine, was hospitalized pursuant to section 5150. The whereabouts of S.B.'s alleged father, A.O., was unknown.2
Prior to being hospitalized, mother punched a man she accused of molesting S.B., after she left him at a friend's house for 10 minutes. All those present at the residence insisted S.B. had been out in the front yard with them and no one had taken him into the house or touched him. When police arrived at mother's home, the gas was on, but she was not cooking. Her roommates advised officers that mother was being evicted within days and that they were afraid of mother, whom they suspected of using drugs. The roommates reported mother had been awake for over 24 hours. S.B. was dirty and his clothing smelled, but he did not have an signs of sexual abuse.
Mother told the officers she punched the man because S.B. told her the man put his finger in his butt and "poop came out." Mother reported three new holes and defecation in S.B.'s underwear after the incident. Mother denied not providing adequatecare for S.B. and denied turning the gas on in the home. According to mother, she stopped using methamphetamine two years prior, and now used only marijuana, but not in the home or around her children.
Confronted with a positive test for methamphetamine upon section 5150 admission, mother claimed the man who molested S.B. put methamphetamine in her beer. Mother said she had not sought drug treatment previously, but was willing to enter drug treatment if she needed to. She also reported untreated trauma with her family and having been raised in foster care. Mother had a criminal history of arrests and charges dating back to 2005.
Mother has two other children, both older than S.B. Both half siblings lived primarily with their father, but had court-ordered visits with mother on weekends.
On November 27, 2018, the department filed a section 300 petition alleging S.B. was at risk of harm due to mother's substance abuse and mental health issues. Mother was released from section 5150 hospitalization that same day.
At the detention hearing November 28, 2018, S.B. was detained and placed with a maternal aunt. The department was ordered to offer mother reunification services, including parenting classes, substance abuse assessment and treatment, random drug testing, domestic violence index assessment, and mental health evaluation and treatment. Mother reported no known Native American heritage. Jurisdiction and disposition were set for January 9, 2019.
The report prepared in anticipation of jurisdiction and disposition recommended reunification services be bypassed for mother, pursuant to section 361.5, subdivision (b)(13). That section provides that reunification services need not be provided if a parent with a history of extensive and chronic drug or alcohol use has resisted prior court-ordered treatment within a three-year period immediately prior to the filing of thepetition, or has failed or refused to comply with a court-ordered program on at least two occasions. (§ 361.5, subd. (b)(13).) The report chronicled mother's self-reported 14-year substance abuse issues, which began back in high school. She had had a June 2008 arrest for possession of a controlled substance, and ordered into drug treatment. In September of 2014, mother was arrested and charged with driving under the influence (DUI), both alcohol and drug related. And in January of 2015, she was convicted of a misdemeanor DUI involving alcohol and was required to complete an alcohol offender program.
At the scheduled contested jurisdiction/disposition hearing February 21, 2019, the hearing was continued, due to a recent substitution of counsel for mother. However, prior to adjourning the hearing, the juvenile court expressed concern with mother's decision making—she spoke rapidly, was visibly nervous and weepy, raised her voice, and was oppositional with her attorney in open court, expressing her desire to proceed without assistance of counsel. Mother insisted she was prepared for trial and had all of the facts and enough evidence to prevail at the hearing.
The juvenile court determined it was best to appoint a guardian ad litem for mother, noting her desire to go forward with the hearing without counsel, but not really wanting to represent herself. The juvenile court also noted mother's demeanor, which vacillated between moments of calm and moments when she blurted out and was on edge; and the juvenile court's belief that mother was not in a position to decide whether or not to proceed on that day. Mother agreed to the appointment of a guardian ad litem and the hearing was continued to March 13, 2019.
The jurisdiction/disposition hearing scheduled for March 13, 2019, was continued for contest to May 29, 2019. At the time, mother was receiving once a week visits with S.B.
In an addendum report, the department reported that S.B. was moved from maternal aunt's home on March 1, 2019, to a prospective adoptive foster home, after maternal aunt reported she was not able to provide a permanent home for S.B. Thematernal aunt agreed to continue to monitor visits between mother and S.B., but warned the prospective adoptive caregiver that, in her opinion, mother was an aggressive and violent person.
The department reported that, when mother and the older half siblings arrived at a visit on March 17, 2019, mother picked up S.B. and told the older children to "run." Maternal aunt, who was to supervise the visit, ran after her and police were called. Mother was arrested for attempted kidnapping and violating court orders. The prospective adoptive caregiver reported S.B. had nightmares following this incident.
On May 20, 2019, S.B. told his prospective adoptive caregivers that he did not want to see mother. The prospective adoptive caregivers reported stress and anxiety on the part of S.B. on the days he was scheduled to see mother. S.B. began attachment-based therapy in May of 2019.
The department reported that mother had not participated in the services it had offered and recommended that she not be given reunification services, again noting her continued substance abuse and mental health issues.
At the May 29, 2019, jurisdiction/disposition hearing, mother was represented by counsel and guardian ad litem was present. At the hearing, mother testified that she loved S.B. and that, on the day S.B. was removed, he had told her he had been abused. Mother insisted that she did not use methamphetamine, only marijuana, and that she was capable of caring for S.B. She testified that she was employed and able to provide S.B. with food and shelter and that she had not been evicted from her home.
The juvenile court found the allegations in the petition true, finding that mother had a substance abuse problem, that she had been hospitalized under section 5150, that she exhibited behaviors consistent with mental health issues, and that she had been found to be under the influence while caring for S.B.
S.B. was declared a dependent of the juvenile court and foster care continued. Finding that visitation was detrimental to S.B., the juvenile court suspended visitation.Reunification services were denied, pursuant to section 361.5, subdivision (b)(13), due to mother's active or passive resistance to substance abuse treatment by relapsing during the previous three years.
A section 366.26 hearing was set for September 18, 2019. While mother had been present during the hearing, she had to be removed due to her "loud outbursts," and therefore was not advised in person of her writ rights. Mother's trial counsel and guardian ad litem, however, were both present, and mother was mailed, via first class mail, her writ rights.
On May 30, 2019, mother, in propria persona, filed a notice of intent to file a writ petition in the case, initiating case No. F079344 in this court. The case was dismissed July 18, 2019, when no writ petition seeking extraordinary relief was filed.
On September 27, 2019, mother, in propria persona, filed a section 388 petition seeking reinstatement of visitation with S.B. and termination of jurisdiction on grounds that she had been enrolled in classes, was seeking employment, maintained contact with the social worker, and maintained sobriety. The...
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