In re Angela P.

Filed 8/3/06 In re Angela P. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Christopher J. Sheldon, Judge. Reversed.

Joe S. Rank, County Counsel, and Prabhath Shettigar, Deputy County Counsel, for Plaintiff and Appellant.

Suzanne F. Evans, under appointment by the Court of Appeal, for Defendant and Respondent.

Carl Fabian, under appointment by the Court of Appeal, for Minor.

1. Introduction^[1]

The Department of Public Social Services (DPSS) appeals from an order of the dependency court terminating jurisdiction for Angela P, a troubled teenager approaching her majority. Mother advocates affirming the terminating order. Minor's counsel agrees the order should be reversed and dependency jurisdiction reinstated.

Although this court recognizes that Angela will be 18 in October 2006, we agree the record supports Angela should be subject to dependency jurisdiction that may continue until she is 21 years old. (§ 303.) The dependency court erred in terminating jurisdiction. We reverse the lower court's order and reinstate dependency proceedings.

2. Factual and Procedural Background

Angela was born in October, 1988. DPSS filed the original section 300 dependency petition concerning her on September 14, 2005, when she was almost 17 years old. The petition alleged the parents' failure to protect, (§ 300, subd. (b)) specifically the mother's failure to manage her own and Angela's mental health problems, exposing Angela to serious physical harm or neglect or both, and endangering Angela's safety and well-being. Mother had expressed her concern that Angela was suicidal. Mother purportedly was using marijuana. Additionally, the petition alleged father, Solomon P., had a criminal history and was the subject of a current restraining order for domestic violence and had failed to provide Angela with adequate support or protection or both. Other allegations were made of serious emotional damage and no provision for support. (§ 300, subds. (c) and (g).)

As background supporting the petition, the detention report described a situation beginning in August 2005, in which Angela had allegedly been recently raped, mother was hospitalized in Palm Springs for Hepatitis C, and mother's partner, Margaret L., declined to take responsibility for Angela who was running into traffic and exposing herself to danger. Angela had been prescribed several psychotropic medications but was not taking them. Angela did not want to go with her older sister to El Cajon until it was agreed she would be permitted to use a telephone.

The social worker interviewed father, who also lived in El Cajon. He was highly critical of mother's ability to care for Angela. An interview with mother and a review of her medical records demonstrated she was in extremely poor physical and mental health and abused drugs. Both mother and Angela P. had been diagnosed with bi-polar disorder and were prescribed medication that they refused to take. In summary, both Angela and mother needed mental health services.

On August 27, there was confusion about where Angela was and who was responsible for her. Mother declared she could not care for Angela and wanted her to be in DPSS custody. Finally, on August 31, mother picked up Angela from where she had been staying with a family friend.

On September 5, Angela was admitted to a Chula Vista psychiatric hospital on a psychiatric hold under section 5150. The medical records described her as suicidal and morbidly obese. Mother again announced she wanted to be absolved of responsibility for Angela. Mother threatened to commit suicide if she had to assume custody of Angela.

On September 12, Angela was released to DPSS for placement in a group foster home. She admitted an incident previously in which she had threatened her mother with a knife. Angela claimed her mother was lying about her being self-destructive and that her mother was using marijuana and her father used drugs. Angela discussed her plans to live with a boyfriend.

On September 15, mother called DPSS and objected to Angela residing with father because he would not obtain anti-HIV drugs for her after her alleged rape. Mother stated that Angela was contemplating becoming pregnant and selling the baby on the â€