L.A. Cnty. Dep't of Children & Family Servs. v. Esmeralda C. (In re I.C.)
| Decision Date | 24 March 2021 |
| Docket Number | B306703 |
| Court | California Court of Appeals Court of Appeals |
| Parties | In re I.C., et al., Persons Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. ESMERALDA C., 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. 20CCJP01191)
APPEAL from orders of the Superior Court of Los Angeles County, Marguerite Downing, Judge. Affirmed in part, reversed in part, and remanded with instructions.
Linda B. Puertas, under appointment by the Court of Appeal, for Defendant and Appellant.
Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent.
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Mother Esmeralda C. appeals from the juvenile court's June 23, 2020, jurisdictional and dispositional orders; and the July 8, 2020, custody and visitation orders.1 Mother maintains that insufficient evidence supported the juvenile court's removal of her six-year-old daughter, I.C., and three-year-old son, R.C., and that placing them with Fernando C. (Father), was detrimental to the children's well-being. Mother also argues the juvenile court erred in terminating jurisdiction at the conclusion of the dispositional hearing and in delegating its authority to Father to determine the frequency and duration of Mother's visits. We affirm the juvenile court's jurisdictional and dispositional orders. As to the July 8, 2020, custody and visitation orders, we reverse in part, and remand for the juvenile court to state the duration and frequency of Mother's visits with the children.
In 2016, the juvenile court asserted jurisdiction over I.C. pursuant to three counts under Welfare and Institutions Code section 300, subdivision (b)(1).2 The court found that Mother placed I.C. at risk of serious physical harm because she possessed illicit drugs and a drug pipe in the home within access of the child. It also found that I.C.'s physical health and safety were endangered because Mother's "mental and emotional problems," and her past and current drug abuse rendered her unable to provide appropriate care for the child.
The juvenile court ordered Mother to complete a full drug and alcohol program and participate in various counseling services. It ordered Father to complete a 52-week batterer's treatment program. The case was dismissed on December 27, 2017, after the family moved to Las Vegas, Nevada.
The family traveled to Los Angeles for the Fourth of July holiday in 2019. After arriving, Mother and Father argued and separated. Mother and the children remained with the maternal grandmother. Mother obtained a temporary restraining order against Father. She was unable to serve the necessary documents on Father, and as a result, a restraining order was not granted.
Father attempted to see the children. However, the maternal grandmother told him that he would have to get avisitation order. Mother admitted she "didn't let the kids see him at all." In January 2020, Father became concerned with the children's welfare. He contacted law enforcement officers to conduct a welfare check. They did not find any evidence of child neglect. Father returned to Las Vegas.
On January 28, 2020, I.C. and R.C. came to the attention of the Department of Child and Family Services (the Department) based on an allegation of general neglect. The Department's investigation revealed concerns relating to domestic violence between Mother and Father, Mother's alcohol and drug use, Mother's possible physical abuse of the children, and Mother's continued association with her ex-boyfriend against whom she had obtained a restraining order.
The maternal grandmother reported to a Department social worker that when Mother visited during the Fourth of July in 2019, she observed Mother to be significantly underweight and suffering from multiple bruises on her legs, back, inner thighs, calves, and ribs. She also observed Father speak aggressively to Mother. The maternal grandmother showed the social worker photographs of large purple and yellow bruises on multiple areas of Mother's body. I.C. also told the maternal grandmother that Father hit Mother.
Mother reported Father abused her, but declined to discuss the abuse with the social worker because she did not want to be triggered.
The maternal grandmother reported that Mother had a history of crystal methamphetamine use, which resulted in the children being placed with the maternal grandmother in 2016. At that time, Mother behaved aggressively, displayed paranoia, and did not sleep well. Mother currently displayed similar aggression. The maternal grandmother observed Mother take her anger out on the children. Mother threw the children in bed, yelled at them when they would not sleep, and yelled at R.C. because he soiled his diaper. As a result of this behavior, the maternal grandmother suspected Mother was using drugs, although she had not observed any drug use. She also reported that Mother drank alcohol daily and cared for the children while under the influence.
Mother admitted to the social worker that she drank alcohol "occasionally," but denied drinking daily. Mother denied past or current drug use and claimed that in the prior child welfare case, she only possessed crystal methamphetamine, but did not use it. Mother's February 7, 2020, alcohol and drug tests came back negative, but included a notation that the results were diluted, meaning a large amount of liquid was consumed prior to testing.
The children's day care provider informed the social worker that Mother had been arriving about an hour late to pick up the children for the past two weeks. The provider suspected that Mother recently had been under the influence of alcohol, as she could smell alcohol on her breath. The provider did not suspect Mother used drugs.
Father was concerned that Mother currently was using drugs based on his review of a Snapchat video in which Mothersmoked crystal methamphetamine out of a pipe. Father was not able to view the video again.
The maternal grandmother expressed concern that Mother mistreated the children while disciplining them. Although she had not observed Mother hit the children, she saw a bruise on R.C.'s ear on two occasions. I.C. told the maternal grandmother that Mother hit her really hard and that she wanted to sleep with the maternal grandmother instead of Mother.
According to Mother, she disciplined the children by raising her voice or spanking their buttocks or hands. R.C. had a bruise on his ear only once, caused when he hit a door knob.
Mother permitted the social worker to interview the children in her presence. When asked how Mother disciplined them, I.C. responded that Mother hit R.C., but "she doesn't hit me." Mother told I.C. to say she hit them on "their butts." Later, a social worker interviewed I.C. at her school. I.C. stated that Mother did not hit her or her brother, but previously hit R.C. on the "butt." I.C. also stated she was afraid of Father because, "he took away all my animals and clothes and he hits me on my tooth."
The children's day care provider did not observe any marks or bruises on either child and neither child made a disclosure to the day care provider of abuse or neglect.
Mother obtained a restraining order against her ex-boyfriend, Luis D., on January 8, 2020, on the basis that he painfully grabbed her arm when she left to pick up I.C. fromschool. Mother had known Luis for several years, and dated him before she dated Father.
The maternal grandmother reported that notwithstanding the restraining order, Luis came to their home several times. For example, on January 15, 2020, the maternal uncle found Luis in the home, and fought with him before Luis fled. The social worker reviewed video footage of Luis running out of the home on January 15, 2020, at approximately 8:00 a.m. The maternal grandmother and uncle reported that on another occasion, they observed Luis head butt Mother on their home security camera video. Luis also was present outside the home just a day or two prior to the Department's interview. 911 call logs reflected multiple calls by the family related to Luis before and after Mother obtained a restraining order against him.
According to Mother, she obtained a restraining order against Luis because "he constantly wanted to talk to [her]" and she did not want to talk to him. She denied any past or ongoing domestic violence between them. Mother asked the social worker whether she could terminate the restraining order. The social worker questioned Mother as to why she would want to do so and encouraged her to call law enforcement if Luis appeared at the home again.
Father asked that his home in Las Vegas be evaluated because he wanted the children to reside with him. Father believed it was not sufficient for the children to reside in the maternal grandmother's home because she worked during the day, leaving the children alone with Mother.
On February 28, 2020, the Department filed a petition under section 300, alleging that due to domestic violence between Mother and Luis, the children were at risk of suffering serious physical...
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