S.F. Human Servs. Agency v. Felicia C. (In re M.C.)
Decision Date | 29 September 2011 |
Docket Number | No. A129528.,A129528. |
Citation | 199 Cal.App.4th 784,11 Cal. Daily Op. Serv. 12494,131 Cal.Rptr.3d 194,2011 Daily Journal D.A.R. 14828 |
Court | California Court of Appeals Court of Appeals |
Parties | In re M.C., a Person Coming Under the Juvenile Court Law. San Francisco Human Services Agency, Appellant, v. Felicia C. et al., Respondents. |
OPINION TEXT STARTS HERE
Dennis J. Herrera, City Attorney, Kimiko Burton, Lead City Attorney, and Jennifer K. Williams, Deputy City Attorney, for Plaintiff and Appellant.
Jennifer B. Henning for California State Association of Counties as Amicus Curiae on behalf of Plaintiff and Appellant.
Caroline J. Todd, Berkeley, under appointment by the Court of Appeal, for Defendant and Respondent Felicia C.
Matthew I. Thue, Diamond Bar, under appointment by the Court of Appeal, for Defendant and Respondent Juan E.
Donna Furth, San Francisco, under appointment by the Court of Appeal, for Minor.
Martha Matthews, California, for Children's Law Center of Los Angeles, National Association of Counsel for Children, Northern California Association of Counsel for Children, National Center for Youth Law, Youth Law Center, East Bay Children's Law Offices, and Legal Advocates for Children & Youth as Amici Curiae on behalf of Minor, Defendants and Respondents.
When he was 16 years old, M.C. ran away from his home in Guatemala where he lived with his mother, Felicia C. (mother), and his father, Juan E. (father). He came to San Francisco, where he was found begging for money on the street and was referred to a homeless shelter. The San Francisco Human Services Agency (Agency) investigated allegations of abuse and neglect to determine if M.C. was a dependent child, within the meaning of Welfare and Institutions Code section 300,1 and declined to file a dependency petition. Legal Services for Children (LSC), serving as counsel to M.C., challenged the Agency's decision not to initiate dependency proceedings by filing an application, pursuant to section 331, seeking juvenile court review. The juvenile court ordered the Agency to file a dependency petition and to take M.C. into protective custody. The juvenile court subsequently declared M.C. a dependent child ( § 300, subds.(b), (c), (g)).
In the published portion of our opinion, we address whether section 331 violates the doctrine of separation of powers, to the extent it authorizes the juvenile court to order the Agency to file a dependency petition. We hold that, under the authority of section 331, the juvenile court may order the Agency to file a dependency petition and that this authority does not violate the separation of powers doctrine. In the unpublished portion of our opinion, we reject the Agency's various challenges to the court's jurisdictional and dispositional findings and orders.
Before addressing the facts unique to this case, we think it necessary to first discuss the governing statutes. The juvenile court system is a statutory creation. (See In re Ramon M. (2009) 178 Cal.App.4th 665, 672, 101 Cal.Rptr.3d 158 [delinquency case].) (In re Chantal S. (1996) 13 Cal.4th 196, 200, 51 Cal.Rptr.2d 866, 913 P.2d 1075.) ( D.M. v. Superior Court (2009) 173 Cal.App.4th 1117, 1123, 93 Cal.Rptr.3d 418.)
The dependency statutes provide different avenues for presenting a child's circumstances to the juvenile court. Juvenile dependency petitions are filed by social workers. (§ 325.) 2 Thus, social workers are required to investigate suspected cases of child neglect and abuse and determine whether dependency proceedings should be commenced. (§ 328.) 3 If the social worker determines that a child is within the jurisdiction of the juvenile court, the social worker may decide that informal supervision is appropriate, in lieu of filing a dependency petition. (§ 301.) 4 If a child has been taken into custody and cannot be released to the custody of his or her parents, a social worker must immediately file a dependency petition with the juvenile court. (§§ 309, subd. (a), 311, subd. (a), 313, subd. (a).) 5
The statutes also provide methods for private parties to bring a minor's case to the attention of a social worker and juvenile court. (§§ 329, 331.) Section 329 provides:
Section 331 provides: “When any person has applied to the social worker, pursuant to Section 329, to commence juvenile court proceedings and the social worker fails to file a petition within three weeks after the application, the person may, within one month after making the application, apply to the juvenile court to review the decision of the social worker, and the court may either affirm the decision of the social worker or order him or her to commence juvenile court proceedings.”
It is the latter section we consider here.
On August 31, 2009, LSC submitted, to the Agency, an application to commence juvenile dependency proceedings by affidavit, pursuant to section 329. The application alleged that M.C. was currently homeless after coming to San Francisco, from Guatemala, to escape physical abuse by his father. M.C. had been referred to Huckleberry House for emergency shelter and then to Diamond Youth Shelter. The application also noted that both Huckleberry House and LSC had made hotline referrals to Child Protective Services (CPS).
The application further states: [¶] ...
On September 15, 2009, Kristina Hermann, a social worker with the Agency, declined to commence juvenile court proceedings on behalf of M.C. Hermann endorsed the section 329 application and attached a statement of reasons for her decision. She stated that she met with M.C. on August 3, 2009, and concluded that the allegations of abuse and abandonment were unfounded. She explained: ...
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Persons Coming Under the Juvenile Court Law. San Bernardino Cnty. Children v. M.O. (In re M.O.), E070342
...interpretation subject to independent review. (In re Tanyann W. (2002) 97 Cal.App.4th 675, 678 (Tanyann W.); see also, In re M.C. (2011) 199 Cal.App.4th 784, 804-805.) The primary task of statutory interpretation is to ascertain the intent of the Legislature so as to effectuate the purpose ......