Jeffrey H. v. Sup. Ct.

Filed 6/13/06 Jeffrey H. v. Sup. Ct. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

ORIGINAL PROCEEDINGS in mandate. Judge David S. Milton. Petitions denied.

Nathan Hoffman for Petitioner Jeffrey H.

Claudette Boehm for Petitioner Erica H.

No appearance for Respondent.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and William D. Thetford, Senior Deputy County Counsel, for Real Party in Interest.

__________________________

Erica and Jeffrey H. challenge the orders of the dependency court finding they were provided reasonable reunification services and terminating those services. They contend that the Los Angeles Department of Children and Family Services (DCFS) failed to provide them referrals to services in Nevada where they moved during this proceeding. They also argue that the services they completed in Nevada warrant an extension of services for an additional six months. We find the reunification services provided were sufficient and that substantial evidence supports the termination of reunification services.

FACUTAL AND PROCEDURAL SUMMARY

Erica and Jeffrey are the parents of Abigail (20 months old when detained) and William (two months old when detained). During the investigation of a report of possible child endangerment in December 2004, mother told a social worker that she had given birth to William in a remote cabin without medical assistance. The cabin had no running water. Father, who had no medical training, circumcised William at the cabin without objection by mother. In a previous dependency proceeding, Timothy R., who is mother's child from a prior marriage, was placed with the maternal grandmother because he was severely beaten by Jeffrey H. Because of that beating, Jeffrey H. was convicted of willful cruelty. Mother told the social worker that she did not believe in immunizing her children. During this interview, father commented that mother had an alcohol problem. Parents had no telephone and no means of transportation. DCFS asked mother to have William examined by a physician. In January 2005, a report was made to the child abuse hotline that William was the victim of abuse.

Later in January 2005, during a period of heavy rainfall and flooding, mother and William were rescued from the family's cabin by a swift water rescue team. Father interfered with the rescue and refused to get into the boat with Abigail because he thought it was too dangerous. The boat overturned and mother and William were thrown into the river. William was hospitalized suffering from hypothermia, but was otherwise in good health. Mother denied being warned to evacuate; she also denied any incidents of domestic violence, corporal punishment of the children, and the use of illegal drugs. DCFS contacted father to inform him that William would be detained and asked him to submit Abigail to the court's jurisdiction. Father became very threatening.

DCFS filed a petition asking that both Abigail and William be made dependents under Welfare and Institutions Code section 300. (All further statutory references are to this Code.) The petition alleged the minors were at risk of serious physical harm because of father's abuse of their half-brother Timothy and mother's failure to protect him; the failure of the parents to protect the children from flooding and high waters; the circumcision of William in the cabin without medical treatment; and the failure to provide immunizations and medical care. (§ 300, subds. (a), (b), (i) & (j).)

Attached to the petition was a letter from the maternal grandparents recounting a history of threatening encounters with father during dependency court hearings relating to Timothy R. According to the grandparents, father had to be removed from the courtroom at each hearing.

The court issued detention orders as to both minors. William was placed in shelter care, and Abigail was at large with father. A first amended petition was filed, adding an allegation based on father's past violent incidents. Abigail was later detained and both minors were placed in foster care. On February 14, 2005, the dependency court dismissed all allegations of the petition except those relating to father's prior physical abuse of Timothy and mother's failure to protect Timothy. The allegations not dismissed were sustained. Over DCFS objection, the minors were released to the parents' home. Both parents were ordered to participate in individual counseling, including anger management and drug counseling. Parents were to submit 10 random clean drug tests. If they tested dirty, they were to enroll in and complete a formal drug program with random testing. Any missed test was to be considered a dirty test.

By March 28, 2005, parents were at large with the children and protective custody warrants were issued. In August, DCFS filed a petition pursuant to section 387 alleging that the parents had abducted the children and concealed their whereabouts for five months. Parents were arrested in Nevada in August for grand theft of an automobile from Los Angeles. The minors were returned to Los Angeles, detained, and placed in shelter care. The trial court then recalled the warrants and issued released orders for both parents. Family reunification services were ordered and DCFS was ordered to provide referrals to mother. Monitored visits were ordered.

In September 2005, DCFS filed another petition pursuant to section 387 alleging that mother had a history of substance abuse that endangered the children's physical and emotional health and safety This was based on mother's drug overdose in August 2005. Mother was detained by the Ontario Police Department after she was found driving under the influence of drugs at a mall in Ontario. When a police officer approached her car, mother was rocking back and forth uncontrollably and scratching her face. As the officer stood there, mother suddenly began masturbating. She made obscene gestures and screamed at the paramedics. She was taken to a local hospital where a sample of her blood was taken. Mother tested positive for amphetamines and cannabinoids. The hospital records reflect that mother told a physician at the hospital that she smokes and drinks alcohol daily. She said she abuses marijuana, cocaine, and methamphetamines and uses pills and â€