L.A. Cnty. Dep't of Children & Family Servs. v. I.O. (In re B.W.)

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In re B.W. et al., Persons Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. I.O., Defendant and Appellant.

B324680

California Court of Appeals, Second District, Seventh Division

March 27, 2024

NOT TO BE PUBLISHED

APPEAL from orders of the Superior Court of Los Angeles County, No 17CCJP00643E-F Hernan D. Vera, Judge. Affirmed.

Sarah Vaona, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Tracey M. Blount, Senior Deputy County Counsel for Plaintiff and Respondent.

MARTINEZ, J.

INTRODUCTION

Mother I.O. appeals from the juvenile court's jurisdiction findings and disposition orders declaring her children, B.W and R.H., dependents of the court and removing the children from her custody. Mother contends the evidence was insufficient to support the findings that the children were at risk of harm due to her substance abuse and mental health issues. She also contends there was insufficient evidence to justify their removal from her custody. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Mother has three children: C.C. (born 2004), B.W. (born 2008), and R.H. (born 2016). When dependency proceedings began, Mother C.C., and R.H. lived with the maternal aunt. B.W. lived with her father but often visited Mother and the siblings at the maternal aunt's home. On August 11, 2022, the Department of Children and Family Services (Department) filed a petition pursuant to Welfare and Institutions Code former section 300 subdivisions (a) and (b)(1).^[1] The petition initially included all three children but the Department amended it to exclude C.C. after she turned 18.

A. Prior Dependency Proceedings

The Department received three prior referrals regarding Mother. Two were substantiated.^[2]

A voluntary case was opened from December 27, 2013 to August 22, 2014 involving allegations that Mother attempted suicide by a car crash. She sustained bruises in the car crash and was placed on an involuntary psychiatric hold pursuant to section 5150. It was reported Mother attempted suicide 10 years before. Mother reported she used methamphetamines from June to November 2013 and had been sober for three years prior to her relapse. She last used methamphetamines two weeks before her suicide attempt. She used marijuana throughout this period because it made her feel better. Mother also reported she would hear numbers speak to her and that she was the bride of the antichrist and was going to hell. She later said she made this all up.

On August 31, 2017, Mother was brought to the emergency room because she was hearing voices. Mother reported she used methamphetamines and marijuana but not in front of the children. She was going through psychotic episodes and had not slept in a week. At the hospital, she was hitting a pillow against the bed and talking to herself.

A juvenile court case was opened from September 1, 2017 to October 9, 2019. The juvenile court sustained allegations under subdivision (b)(1) of section 300 that Mother was unable to provide regular care and appropriate supervision for C.C., B.W., and R.H. due to her mental and emotional problems as well as her substance abuse. The court also sustained failure to protect allegations against R.H.'s father.

When the court terminated its jurisdiction over the children, it issued a family law order (also known as an exit order) granting Mother legal and physical custody of R.H. and monitored visitation for R.H.'s father. The court further granted legal custody of B.W. to Mother and B.W.'s father but awarded B.W.'s father sole physical custody with supervised visits by Mother. The record indicates the court did not issue an exit order relating to C.C. Mother reported C.C.'s father was deceased. These custody orders were in place when the current proceedings were initiated in 2022.

B. Initiation of Current Proceedings

On June 11, 2022, the police responded to a report of a family disturbance when Mother and the maternal uncle engaged in a physical altercation. The police report stated Mother's "left eye looked bruised and swollen." Mother's niece (the maternal cousin) reported to the officer that she observed Mother verbally provoking the maternal uncle and they shoved each other. The officer found probable cause to arrest the maternal uncle for battery. The police report noted Mother did not display any indication she suffered from a mental illness.

On August 11, 2022, the Department filed a petition under section 300, subdivisions (a) and (b), as to C.C., B.W., and R.H.

The a-1 and b-1 counts alleged C.C. and R.H. suffered or were at substantial risk of suffering serious physical harm due to Mother's altercation with the maternal uncle and Mother's failure to protect them. B.W. was not present during the incident. The petition also alleged Mother was incapable of providing the children with regular care and supervision due to her substance abuse (b-2 count) and her mental and emotional problems (b-3 count). The b-4 and b-5 counts alleged R.H.'s father and B.W.'s father, respectively, and Mother endangered the children by violating the previous court's monitored visitation orders. The petition was later amended to add counts b-6 and g-1, both alleging R.H.'s father was unwilling to provide care for R.H.

Mother reported to the children's social worker that she, C.C., and R.H. lived with the maternal aunt. The maternal uncle did not live there but often visited to bathe because he lived in a van. The maternal aunt also allowed him to store his belongings in the back of the house. Mother stated she argued with the maternal uncle after he accused her of touching his belongings. At some point, he pushed her, and she fell to the floor. Mother denied sustaining any injuries from her fall or from the argument. She stated her eye was injured when she hit her face on the side of the bunk bed a few days beforehand. Mother indicated the maternal uncle was released hours after the incident and no criminal charge was filed against him. She acknowledged C.C. and R.H. were home at the time of the incident but asserted they were in the bedroom and did not witness it.

The maternal aunt reported she took the children in when they were removed from Mother during the previous dependency proceeding. She wanted what was best for the children. The maternal aunt believed Mother often saw herself as the victim and used her mental health as an excuse to gain sympathy. The children's needs were primarily met by C.C. and the maternal aunt.

In a subsequent interview, the maternal aunt reported she asked Mother to move out, but Mother refused, and the aunt began eviction proceedings. The maternal aunt wanted C.C. and R.H. to continue living with her. By the time of the jurisdiction hearing, Mother had moved out and was homeless.

The maternal aunt disclosed she and C.C. had discussed C.C. living with her once she turned 18. Mother, on the other hand, wanted C.C. to move to Tijuana, Mexico with her and R.H. so C.C. could care for R.H. When C.C. refused, Mother became upset and broke C.C.'s cell phone.

The children's social worker interviewed each child separately. All three reported a good relationship with Mother, the maternal uncle, and the maternal aunt. R.H. described Mother as "'the best mom, so nice'" because she took care of him and was funny. C.C. described Mother as "overall good."

C.C. and R.H. confirmed they were in the bedroom during the incident but C.C. went to the living room when she heard a commotion. She observed Mother provoking the maternal uncle. At some point, Mother grabbed his shirt and he pushed her face back, causing her to fall on the floor. C.C. stated, "'It's my mom that always causes trouble. That's just how she is. She has it in her head that my uncle said some things about her in the past and she won't let go of it. It's like she wants him to get in trouble.'"

C.C. stated she was able to take care of herself and would turn 18 soon. She indicated R.H., then six years old, was young and still required supervision and care, which was primarily provided by the maternal aunt. C.C. explained that when she and R.H. were returned to Mother's care after the prior dependency proceedings, it was under the condition Mother continue to live with the maternal aunt. B.W. described the maternal aunt as "always nice and like a mom."

C.C., B.W., and the maternal aunt knew of Mother's past struggles with her mental health and substance abuse but believed they were no longer issues for Mother.

Upon the Department's request, Mother agreed to a drug test and tested positive for amphetamines and methamphetamines on July 28, 2022. Mother blamed her relapse on the stress of the Department's investigation. On August 8, 2022, the juvenile court issued orders removing the children from Mother's custody: C.C. was placed in foster care, B.W. remained with her father, and R.H. was placed with his father.

Approximately 10 days after R.H. was placed in his home, R.H.'s father informed the children's social worker he was unable to keep R.H. with him. On August 19, 2022, R.H.'s father called the maternal aunt to pick up R.H, and thereafter asked to be taken off the case, refused further contact with the Department and the maternal aunt, and ignored their calls. The court granted the Department discretion to place R.H., and the Department approved R.H.'s placement with the maternal aunt.

C. Jurisdiction and Disposition Report

The Department filed a Jurisdiction and Disposition Report on September 21, 2022 disclosing, among other things, more recent statements by Mother, the children, and the maternal cousin...