Persons Coming Under the Juvenile Court Law. Alameda Cnty. Soc. Servs. Agency v. Aurora P. (In re Aurora P.)

• Decision Date: 29 October 2015
• Docket Number: A143211
• Citation: 194 Cal.Rptr.3d 383,241 Cal.App.4th 1142
• Parties: IN RE AURORA P. et al., Persons Coming Under the Juvenile Court Law. Alameda County Social Services Agency, Plaintiff and Respondent, v. Aurora P., a Minor, et al., Appellants.
• Court: California Court of Appeals Court of Appeals

241 Cal.App.4th 1142

194 Cal.Rptr.3d 383

IN RE AURORA P. et al., Persons Coming Under the Juvenile Court Law.

Alameda County Social Services Agency, Plaintiff and Respondent,

v.Aurora P., a Minor, et al., Appellants.

A143211

Court of Appeal, First District, Division 5, California.

Filed 10/29/2015

Deborah Dentler, Glendale, for Appellants.

Margaret Coyne, San Francisco, as Amicus Curiae on behalf of Appellants.

Donna Ziegler, County Counsel, Gabrielle Janssens, Associate County Counsel, for Plaintiff and Respondent.

Opinion

Jones, P.J.Welfare and Institutions Code section 364¹governs status review hearings for dependent juveniles who remain in the physical custody of their parents or guardians. Subdivision (c) of that section (section 364(c)) provides that the juvenile court “shall terminate its jurisdiction unless the social worker or his or her department establishes by a preponderance of evidence that the conditions still exist which would justify initial assumption of jurisdiction under Section 300, or that those conditions are likely to exist if supervision is withdrawn.” Thus, when the social services agency opposes termination of dependency jurisdiction, it clearly bears the burden of proof to show the existence of the conditions section 364(c)specifies must be proven to support retention of dependency jurisdiction.

In this case, however, the social services agency took the opposite position and recommended dependency jurisdiction be terminated. Counsel for the dependent children (Minors) opposed the recommendation. After the juvenile court terminated jurisdiction and dismissed the dependency, Minors appealed.

Minors pointed out that no published case has decided what standard of review should apply where the social services agency recommends termination of dependency jurisdiction and the dependent child or children oppose the recommendation. Faced with this dearth of authority, we asked the parties for supplemental briefing on the issue. As we explain, we agree with the parties that the standard of review depends upon which party bore the burden of proof in the juvenile court. We hold that because Minors were the parties opposing termination of dependency jurisdiction, they bore the burden of establishing by a preponderance of the evidence that conditions justifying initial assumption of dependency jurisdiction either still existed or were likely to exist if supervision were withdrawn. Since Minors bore the burden of proof below and failed to meet it, we apply well-established rules of appellate review and conclude that to prevail on appeal, Minors must show the evidence compels a finding in their favor as a matter of law.

In the published portion of our opinion, we first address the questions of allocation of the burden of proof and standard of review. We then also hold the juvenile court is not required to make an express finding on a parent's participation in his or her court ordered treatment plan. In the unpublished portion of our opinion, we hold Minors have failed to show the juvenile court did not consider their best interests.

Factual and Procedural Background²

T.M. (Mother) has three daughters and two sons (collectively Minors) who are the subjects of this dependency proceeding, R.P. is the father of the two oldest siblings, and E.L. is the father of the three youngest.

Petition, Detention, and Disposition

On August 24, 2010, the Alameda County Social Services Agency (the Agency) filed a petition under section 300, subdivisions (b) and (g) alleging Mother had fractured her son's wrist and that E.L. had hit, slapped, pinched, and punched one of Mother's daughters as a form of discipline. The petition further alleged E.L. had sexually abused another daughter and spanked her in such a way that marks resulted. The Agency filed an amended petition on September 7, 2010, adding counts under subdivisions (g) and (j) of section 300. At the detention hearing on August 26, 2010, the juvenile court found removal was necessary and temporarily placed Minors in the Agency's care.

The Agency's jurisdiction/disposition report stated Minors were placed together in Sacramento, while the parents resided in Livermore. The report recommended family reunification services be provided to Minors, Mother, and E.L. but not to R.P., since his whereabouts were unknown. The parents agreed with the recommendation and were willing to engage in services. At the conclusion of the jurisdiction and disposition hearing on September 24, 2010, the court found the amended petition true and adopted the Agency's recommendations.

Out-of-Home Status Review Hearings

Between April 2011 and March 2012, the juvenile court conducted four status review hearings. At the six-month status review hearing, Minors were placed in three different foster homes, but the Agency stated there was a substantial probability they would be returned to Mother because she had made significant progress resolving the problems that led to removal.

During the entire status review period, Mother received reunification services, and the Agency reported she was actively engaged, was in compliance with her case plan, and was making positive strides towards reunification with her children.³For the 12–month status review hearing, it recommended that Mother's oldest and youngest daughters be returned home with family maintenance services and that the family be gradually reunified. The juvenile court agreed, and as Mother continued to progress over the next several months, the court returned the remaining children to her custody with family maintenance services.

Family Maintenance Review Hearings

The juvenile court conducted family maintenance review hearings in July 2012, in January, June, and December 2013, and in May 2014. A final review hearing was held in July and August 2014.

In July 2012, the Agency reported Mother was unemployed and living in transitional housing while providing full-time care to her children. Although Mother was actively engaged in services and the family was participating in family therapy, Mother appeared overwhelmed by caring for five children and dealing with the family's service providers. During this reporting period, Mother was in compliance with her service objectives but was not in compliance with her responsibility to participate in individual therapy. Mother's eldest daughter appeared to be suffering from mental and emotional health issues due to trauma she had experienced in her mother's care. The Agency's assessment was that while the family was participating in services, it was unstable. It recommended family maintenance services be continued, and the juvenile court adopted that recommendation.

When the Agency filed its next report in January 2013, it found Mother was engaging in services but often felt overwhelmed. While Mother was practicing new techniques learned from providers, the family continued to struggle. Mother was referred to individual therapy, but the services were terminated because she was unable to keep her appointments. As her therapist explained, however, Mother failed to keep appointments because she was dealing with Minors' medical emergencies and other appointment conflicts.

Mother participated with her family in services provided by the Early Intervention Services (EIS) Department of Oakland Children's Hospital, which reported Mother was “extremely engaged in treatment on behalf of her children,” actively sought out additional support, and was open to interventions and feedback. The EIS team was concerned about Mother's capability to parent five emotionally challenged children as she struggled with her own mental health needs. The caseworker noted the home appeared to be in chaos and there were reports of accidental injuries to the children. Mother was nevertheless in compliance with her service objectives and client responsibilities. She was consistently engaged in her case plan and was meeting her children's needs. Despite her minimal progress in treatment, Mother was committed to the process. The four eldest children were participating in individual therapy in part to deal with trauma-related problems, and the youngest, who had not expressed any mental health concerns, was engaged in family therapy. After considering the report, the juvenile court accepted the Agency's recommendations, retained dependency jurisdiction, and continued family maintenance services.

During the reporting period preceding the June 2013 review hearing, the Agency received two referrals for child abuse and neglect. The first report was inconclusive and the second was “evaluated out[.]”⁴Mother participated in weekly therapy and completed a psychological assessment. She was participating with multiple service providers on a daily basis, collaborating with each child's therapist, and participating in dyadic therapy with each of the Minors. Mother was ensuring all her children's mental health and educational needs were met. She continued to be in compliance with her service objectives and client responsibilities and was expected to get a housing voucher from Oakland Housing Authority. The four oldest children continued to receive individual therapy, and the youngest was engaged in dyadic therapy with Mother. The Agency recommended Minors remain with Mother and that dependency and family maintenance services continue, recommendations the juvenile court accepted.

The Agency received two new referrals for child abuse and neglect before the December 2013 status review hearing. In October 2013, there was an allegation the youngest daughter was a victim of sexual abuse at the hands of Mother's nondependent 17–year–old son. The referral was evaluated out. The second referral alleged abuse by Mother and was also evaluated out. One of the Minors had a black eye and cuts on her legs. Mother stated the black eye occurred when the child was playing with her siblings outside, and the cuts when the glass shower door broke while she was in the bathroom.

During the reporting...