In re Iesha S.
Filed 2/9/07 In re Iesha S. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FIVE
In re IESHA S. et al., Persons Coming Under
The Juvenile Court Law.
________________________________________/
CONTRA COSTA COUNTY CHILDREN A112847
& FAMILY SERVICES BUREAU,
(Contra Costa County
Plaintiff and Respondent, Super. Ct. Nos. J0301181,
J030617, J0301182,
v. J0301183)
STARLA W.
Defendants and Appellants.
________________________________________/
Starla W. (mother) and Quinton S. (father) appeal from orders terminating their parental rights as to their daughters Iesha, Kaley, Breana, and T. Mother contends (1) the trial court erred when it denied her petition under Welfare and Institutions Code[1] section 388 to modify the pending order, and (2) the court erred when it declined to find applicable the exception to termination that is set forth in section 366.26, subdivision (c)(1)(A). Father contends the trial court erred because it continued to conduct hearings in his case even after it had concluded he needed a guardian ad litem. We conclude the trial court did not commit any prejudicial errors and will affirm the orders terminating mother's and father's parental rights.
I. FACTUAL AND PROCEDURAL BACKGROUND
Mother and father met in the early 1990's when mother was only 13 years old. Father was 22 at the time. They began a relationship and mother soon became pregnant. In July 1993, mother gave birth to a daughter, Shaneika.
When Shaneika was six months old, her parents learned she had cerebral palsy, a serious medical condition. The department of social services tried to help mother and father by providing them with voluntary assistance. The authorities had only mixed success. In the years that followed, the department received numerous referrals alleging that Shaneika was being neglected medically.
The situation reached a crisis point in early 2003. By that time mother had given birth to three more children: Iesha, born in March 1995, Kaley, born in August 1998, and Breana, born in September 2001. Mother and father had been evicted from their home and had moved into different motels. Shaneika, Iesha, and Kaley all had problems attending school. Shaneika was not eating and was becoming emaciated. The department of social services received anonymous calls stating that mother and father were abusing drugs and were living out of their van.
On June 19, 2003, mother and father brought Shaneika to an emergency room because she was not eating and was losing weight. Hospital staff noted the child's body temperature was very low, that she had food caked around her mouth, and that she weighed only 18 pounds. Shaneika was diagnosed with malnutrition, dehydration, and hypernutremia, and was admitted to the hospital due to her critical condition. She died the following day.
An emergency social worker who met with mother and father after the death described Breana as filthy. When the worker tried to physically remove Breana from the parents in the hospital hallway, father threw a bottle that shattered at the worker's feet.
Iesha, Kaley, and Breana were removed from mother and father's custody and placed in foster care.
On June 24, 2003, petitions were filed alleging that Iesha, Kaley, and Breana were dependent children within the meaning of the Welfare and Institutions Code, section 300. As amended the petitions alleged that mother and father had contributed to Shaneika's death by failing to provide her with adequate nourishment and medical care, and that father had thrown a bottle near the emergency social worker on the night of Shaneika's death.
Mother and father stipulated to the petitions at a hearing conducted in August 2003.
In September 2003, mother gave birth to a daughter, T. The following day, a petition was filed alleging T., identified as Baby Girl W., was a dependent child because her deceased sister Shaneika had been neglected and there was a substantial risk that T. would be neglected too.
On October 1, 2003, T.'s petition was amended to include allegations that mother had tested positive for marijuana in April 2003, that mother did not obtain regular prenatal care while pregnant with T., and that T. had tested positive for methamphetamine at birth. That same day, subsequent petitions were filed in Iesha's, Kaley's and Breana's cases based on the same allegations.
On October 21, 2003, the court sustained the original petition in T.'s case and the subsequent petitions in Iesha's, Kaley's, and Breana's cases.
All four cases were set for disposition. The report for that hearing noted that mother and father were living with friends. Iesha, Kaley, and Breana had been placed in one foster home while T. had been placed in another. Mother and father believed governmental authorities had failed them and had contributed to Shaneika's death. Iesha and Kaley both were suffering from emotional problems and needed professional help. On the positive side, the report said that mother and father visited their children frequently and that the parents and the children seemed to enjoy the visits.
At the dispositional hearing conducted on November 7, 2003, the court ordered the children removed from their parent's custody. Mother and father were provided with detailed reunification plans that required them to demonstrate they could provide a clean and safe home for their children, take responsibility for their actions, and participate in parenting classes. In addition, mother was required to refrain from using illegal drugs, to submit to drug testing, and to attend substance abuse classes.
A six month review hearing was scheduled. The report for that hearing indicated Iesha, Kaley, Breana, and T. were doing well in their placements but that the two older children said they â€
