In re E.S
Filed 3/1/06 In re E.S. CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| In re E.S., a Person Coming Under the Juvenile Court Law. | B185280 (Los Angeles County Super. Ct. No. CK50856) |
| LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. EBONY S., Defendant and Appellant. |
APPEAL from a judgment of the Superior Court of Los Angeles County. Lori Schroeder, Juvenile Court Referee. Affirmed.
Joseph T. Tavano, under appointment by the Court of Appeal, for Defendant and Appellant.
Raymond G. Fortner, Jr., County Counsel, Larry Cory and Liana Serobian, Assistant County Counsel, for Plaintiff and Respondent.
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Appellant Ebony S. (mother) appeals from a juvenile court judgment terminating her parental rights to her son, E.S., pursuant to Welfare and Institutions Code section 366.26.[1] Her sole contention is that insufficient evidence supports the juvenile court's finding that E.S. is likely to be adopted because an adoption home study has not yet been completed as to Warren T. (Warren), the father of mother's other son, Q.T., with whom E.S. has been residing since seven months following his detention.
We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Section 300 Petition and Detention
On November 27, 2002, a report was received that mother had left then two-year-old Q.T. in a public mall without adult supervision for an extended period of time on three separate occasions on the same day. Each time, Q.T. had been located and returned to mother, only to have her lose him gain. Mall security then called law enforcement, who questioned mother and then called for a psychiatric evaluation of her as she made several statements about killing herself, hating men, and not wanting her sons. Specifically, mother reported that she had continuous suicidal thoughts, felt she had no purpose, could not control her children, did not care what happened to them, and just wanted to die. She stated that she had a previous psychiatric history, but that she had no diagnosis, no ongoing counseling, and no prescribed medication. She was placed on a 72-hour hold and transported to a psychiatric facility.
Regarding Warren, mother stated that she and Warren were still a couple, but that they maintained separate residences. Warren stated that he and mother had a four-year relationship, but had separated several months earlier. He had almost daily contact with Q.T. and E.S. and represented that he was the only father E.S. knew since he was seven months old. According to Warren, mother had a history of escalating incidents; in the past he had to call the police to render assistance when mother had been unable to calm down. In fact, recently, mother had pulled a knife on him and threatened to stab him. However, he had no knowledge of the previous hospitalizations for mother.
Q.T. was detained and placed with Warren; E.S.'s whereabouts were unknown, but it was believed that he was with his maternal grandmother, Carolyn J. (Carolyn).
On December 4, 2002, the Department of Children and Family Services (DCFS) filed a petition on behalf of Q.T. and E.S. pursuant to section 300, subdivisions (a), (b), and (g). Specifically, the petition alleged that (1) on prior occasions, the boys were exposed to violent physical confrontations between mother and Warren; (2) mother left Q.T. alone in a public mall without adult supervision for an extended period of time; (3) mother exhibited numerous mental and emotional problems, including wanting to kill herself and not wanting the boys; and (4) the whereabouts of E.S.'s father, Algernon S., were unknown.
At the detention hearing, the juvenile court ordered Q.T. detained with Warren and E.S. detained with Carolyn, pending the results of her criminal background check. It further ordered reunification services for mother and frequent monitored visitation.
Jurisdiction/Disposition Report
In its jurisdiction/disposition report dated January 15, 2003, DCFS reported that Warren had raised E.S. since he was seven months old, considered him to be his son, and was willing to care for him. Warren stated that he was willing to help his family â€
