Roseanne G. v. Superior Court

Filed 7/25/06 Roseanne G. v. Superior Court CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

ORIGINAL PROCEEDING; petition for an extraordinary writ, Debra L. Losnick, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Denied.

Donna Wright Bernstein for Petitioner.

No appearance for Respondent.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Jerry M. Custis, Deputy County Counsel, for Real Party in Interest.

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The court terminated Roseanne G.'s reunification services with her youngest child, Donald A. (now age 16), and set a permanent plan hearing. Roseanne petitions for relief (Cal. Rules of Court, rules 38.1, 38.3), claiming the court's orders must be vacated because she received inadequate services. We deny the petition.

FACTS

In late March 2004, Roseanne threatened to kill Donald and threw a knife in his direction. As a result, Donald and his now-adult sister (Brandy A.) were placed with relatives, and Roseanne was imprisoned. In April, the Department of Children and Family Services filed a petition alleging that Roseanne G. is a diabetic and schizophrenic who suffers anxiety and delusions and, when she fails to take her medication, exhibits unpredictable and violent outbursts and aggressive behavior in the presence of and towards her children, putting them at risk of physical and emotional harm.[1] (Welf. & Inst. Code, § 300, subds. (a), (b), (i), (j).)[2] Roseanne had a history of Department intervention for the protection of all four of her children, including two who are now adults, Nancy and Daniel. Donald's father was deceased.

At the April 21 detention hearing, the court ordered family reunification services and ordered the Department to provide referrals for Roseanne for counseling (to include anger management, psychotherapy, and parent education). Once released from jail, Roseanne was entitled to phone contact and monitored visits twice a week so long as she continued to take all of her prescribed medications.

On May 4, Roseanne was released from custody. On May 20, she went to the Department's offices and was interviewed. Throughout, she looked around and seemed to hide her face. She spoke in low tones and only looked at the social worker when answering a question. She said she had taken her medications, but also said she thought the doctor was giving her the wrong medications and that they were not good for her. She said she was enrolled in parenting and anger management classes and individual counseling, but she could not say where or with whom. She said she had visited Donald, but could not remember when, and did not respond when the social worker told her visits could be arranged.

At the July 12 adjudication hearing, the court sustained the petition pursuant to a mediated agreement on a single count (§ 300, subd. (a)), and dismissed the remaining counts in the interests of justice. The court ordered Roseanne to see a psychiatrist, to take all prescribed medications, and to participate in individual counseling addressing anger management and domestic violence, and family counseling once Donald's counselor recommended it.

In late August, the Department provided referrals to Roseanne for individual counseling and parenting classes. Roseanne said she was already seeing a psychiatrist and was enrolled in parenting classes, but she did not provide confirming information and the social worker was having â€