L.A. Cnty. Dep't of Children & Family Servs. v. Tiffany L. (In re Jaden N.)

In re JADEN N. et al., Persons Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY DEPARTMENT OF CHILDRENAND FAMILY SERVICES, Plaintiff and Respondent, v. TIFFANY L., Defendant and Appellant.

B306788

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

March 15, 2021

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. 20CCJP00671A-C)

APPEAL from orders of the Superior Court of Los Angeles County, Martha Matthews, Judge. Affirmed.

Janette Freeman Cochran, under appointment by the Court of Appeal, for Defendant and Appellant Tiffany L.

Rodrigo A. Castro-Silva, Acting County Counsel, Kim Nemoy, Assistant County Counsel and Stephen D. Watson, Deputy County Counsel, for Plaintiff and Respondent.

____________________

Alleging domestic violence, substance abuse, violation of a prior custody order and a history of mental and emotional problems, the Los Angeles County Department of Children and Family Services (Department) filed a petition pursuant to Welfare and Institutions Code section 300¹ concerning Tiffany L.'s three children, 11-year-old Jaden N., four-year-old Tori W. and one-year-old Teigan W. The juvenile court sustained the petition, declared the children dependents of the juvenile court and removed them from Tiffany's custody. On appeal Tiffany contends the court's jurisdiction findings and disposition order were not supported by substantial evidence. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Children's Detention

In early February 2020 the Department received a report Tiffany had been acting erratically while in the hospital for Teigan's birth. The reporter stated Tiffany had refused to see a doctor; had verbal altercations with Teigan's father, Tyrell W.,² and her mother, Gloria B.; and had left newborn Teigan alone in the hospital room to go outside and smoke a cigarette.

When a Department social worker arrived at the hospital, Tiffany denied she had refused to see a doctor. She also said she had not left Teigan alone in the hospital room, insisting Tyrell and a nurse were with the baby while she was outside. Tiffany became upset at the Department's involvement and stated she was leaving the hospital with Teigan against medical advice. The social worker called security and law enforcement and placed the baby on a hospital hold. Tiffany demanded to see Teigan before she left; but, when informed she could only see the baby through a glass partition, Tiffany became enraged and verbally abusive before ultimately leaving the hospital. A sheriff's deputy who was present for the incident stated he believed Tiffany had intended to "grab the infant and attempt to leave the hospital with [the] child."

Prior to leaving the hospital, Tiffany told a hospital social worker she had been involved in domestic violence incidents in the past, most recently in October 2019 when Tyrell had punched her twice in the stomach while she was six-months pregnant with Teigan. Later, when describing the incident to the Department social worker, Tiffany said Tyrell had grabbed her by the arms and pushed her against a wall; she did not say he had punched her in the stomach. After the incident Tiffany had called the police; Tyrell was arrested. Tiffany and the children moved in with Gloria until Tyrell was released from jail a few days later. At that point Tiffany went home and allowed Tyrell to move in with her. Tiffany also stated she had been arrested 11 years earlier after a domestic violence incident involving a former boyfriend.

Tiffany tested positive for marijuana at the time of Teigan's birth and admitted to both the hospital and Department socialworkers that she had smoked marijuana regularly throughout her pregnancy to alleviate her nausea. Teigan had not been given a drug test.

Tiffany said she shared custody of Jaden with his father, Allen N., but Jaden lived with her most of the time. Tiffany had known Tyrell for five years, and they had lived together for two months.

In an interview with the social worker Gloria stated Tiffany had a history of depression and mental instability. Gloria said she had not heard from Tiffany between April and October 2019, when Tiffany called to tell Gloria that Tyrell had been arrested for domestic violence. Tiffany, Jaden and Tori lived with Gloria for approximately 10 days after Tyrell's arrest but left after Tiffany and Gloria had an argument. Gloria reported Jaden was not enrolled in school at the time. Tiffany finally enrolled the child after Gloria repeatedly reminded her, but Gloria said he only attended for one day.

Tyrell insisted the October 2019 fight was the only incident of domestic violence in his relationship with Tiffany. He admitted he had grabbed her arms and had been arrested and was in jail for three days. According to Tyrell, no charges were ever filed. Tyrell denied living with Tiffany. Although he admitted he knew Tiffany had used marijuana in the past, Tyrell denied knowledge she used marijuana during her pregnancy. He also stated Jaden mainly lived with Tiffany.

Allen reported Jaden had lived with him until November 2019, when the child had moved in with Gloria. He denied Jaden ever lived with Tiffany. Allen also asserted Jaden was homeschooled. Jaden told the social worker he lived with Allen and said he had not gone to school in five months; he eitherstayed home or went to work with his dad. Jaden told the social worker he had not seen Tiffany in eight months.

The detention report included information regarding a prior dependency case involving Jaden. In 2013 the Department had filed a petition pursuant to section 300, subdivision (b), alleging emotional abuse and general neglect based on an incident in which Tiffany overdosed on anti-anxiety medication. Paramedics found Tiffany unconscious in her bedroom with the door closed. Jaden had been alone in the living room. The juvenile court sustained the petition, declared Jaden a dependent of the court and ordered family reunification services. In 2014 the court terminated its jurisdiction, awarding sole legal and physical custody of Jaden to Allen with monitored visits for Tiffany.

On February 4, 2020 the Department filed a petition pursuant to section 300, subdivisions (a) and (b)(1), alleging Tyrell's violent conduct toward Tiffany in October 2019 had endangered the children's physical health and safety and Tiffany had failed to protect the children by allowing Tyrell unlimited access to the children. The petition specifically alleged Tyrell had grabbed Tiffany's arms, pushed her against a wall and struck her in the stomach. The petition also alleged, under section 300, subdivision (b)(1), that Tiffany had a history of substance abuse and was a current abuser of marijuana, which rendered her incapable of providing regular care for the children.

At the detention hearing on February 5, 2020 the children were detained from Tiffany and their fathers and were released to Gloria. Tiffany's visits with the children were ordered to be monitored, and she was not permitted to be present during Allen's and Tyrell's visits.

The Department filed a first amended petition on March 12, 2020, adding two counts pursuant to section 300, subdivision (b)(1). The first new count alleged Tiffany and Allen had allowed Jaden to live with Tiffany in violation of the juvenile court's 2014 custody order, which placed Jaden at risk of neglect and harm. The second new count alleged Tiffany had a history of mental and emotional problems, including anxiety, suicidal ideation and suicide attempts, which rendered her unable to provide regular care and supervision to her children. It also alleged Allen and Tyrell had failed to protect the children from the risk posed by Tiffany's mental problems.

2. The Jurisdiction/Disposition Report

In a report filed March 11, 2020 the Department stated the children were living with Gloria and had at least one visit with Tiffany since the detention hearing. Gloria monitored the visit and reported it went well, but Jaden and Tori had some behavioral issues afterward. Tiffany's monitored visits were scheduled for once per week. Allen had four unmonitored visits with Jaden subsequent to the detention hearing. According to Gloria, Allen had allowed Jaden to speak to Tiffany on the telephone during these visits, and they had discussed case issues. Tiffany reportedly told Jaden to say to the Department social workers that he had been living with Allen prior to his placement with Gloria. When Jaden met with the Department social worker, he repeatedly asked when he would have his next court date because his parents had told him he would be able to go home at that point.

The Department reported Tiffany and Tyrell had begun dating in 2015, broke up in 2018 and reconciled in the fall of 2019. Tiffany had not been employed since April 2019, but shereceived income for providing in-home supportive services to Allen.³ At the time of the report Tiffany was living with Tyrell and his mother, Croshanda T., despite Tiffany having had a violent altercation with Croshanda in January 2019.

In an interview with the social worker Tiffany described the October 2019 domestic violence incident with Tyrell, stating, "We got in a verbal altercation. I said something he didn't like and he grabbed me trying to push me out the house. That was it. He did grab [me] kind of hard, but he did not punch me in the stomach. . . . I called the police because my arm was jacked up. It was just misplaced. The joint wouldn't go back in place. He grabbed both of my arms and was trying to move me out the house." Tiffany said Jaden had not been home and Tori had been asleep on the couch. Tiffany...