Riverside Cnty. Dep't of Pub. Soc. Servs. v. T.B. (In re A.B.)

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In re A.B., a Person Coming Under the Juvenile Court Law.

RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. T.B., Defendant and Appellant.

E083386

California Court of Appeals, Fourth District, Second Division

September 17, 2024

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County, No. SWJ2100119 Kelly L. Hansen, Judge. Affirmed.

Paul A. Swiller, under appointment by the Court of Appeal, for Defendant and Appellant.

Minh C. Tran, County Counsel, Teresa K.B. Beecham and Prabhath Shettigar, Deputy County Counsel, for Plaintiff and Respondent.

OPINION

McKINSTER J.

The juvenile court terminated defendant and appellant T.B.'s (mother) parental rights as to A.B. (minor, born December 2012). On appeal, mother contends the court improperly delegated visitation decisions to minor and abused its discretion in terminating visitation. Mother additionally maintains the juvenile court and plaintiff and respondent the Riverside County Department of Public Social Services (the department), committed reversible error by failing to comply with their duty of inquiry with respect to the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.). We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 22, 2021, the department received an allegation regarding general neglect; the reporting party indicated that while mother and minor were participating in virtual school they began arguing. Mother grabbed minor by his arm and pushed him away. The next day, the department received a second referral. The reporting party indicated that mother and minor were again arguing during virtual school: "It was reported the mother was seen lunging at [minor] and standing in [sic] his face while he was sitting down." On January 29, 2021, the department received a third referral; the reporting party indicated that during virtual school, mother started yelling at C.G., minor's younger sibling. Mother screamed, "'Shut the fuck up [C.G.], sit your ass down, you are a fucking liar, you are always to blame, I saw you fucking do it.'" The reporting party then heard a loud slap.

The social worker met with mother on February 1, 2021. Mother admitted all the allegations. Contradictorily, the social worker reported, "mother admitted to cussing at the children but denied physical discipline." Mother said minor was autistic and has behavioral issues; she said she struggled disciplining him. Mother identified A.D. as minor's father.

Mother reported having anxiety and bipolar I disorder; she was seeing a psychiatrist but was not taking medication because she was pregnant. Mother said she had been "5150'd years ago."

Minor admitted behavioral problems including breaking his Chromebook. He reported that he would get in trouble often, and that his mother constantly yells at him. He denied being physically disciplined.

The social worker provided mother with referrals to counseling agencies, MediCal, and anger management classes. The social worker requested mother provide proof of enrollment by February 5, 2021.

On February 5, 2021, mother reported having enrolled in services; however, when asked for documentation, mother requested more time and abruptly hung up. On February 9, 2021, the social worker conducted a surprise visit at the home. Mother said she thought the case had been closed. She said the offices for the referred services were closed and would not provide her with verification of her appointments. On February 16, 2021, the social worker texted mother asking for confirmation of enrollment in therapy; the social worker received a response indicating the social worker had the wrong number; however, it was the same number the social worker had used to successfully communicate with mother previously.

Mother denied having any Native American ancestry. On May 21, 2018, A.D. had "petitioned the Court providing [] at-home paternity test results showing that he is not the biological father of" minor. "On June 25, 2018, [a] Court found [A.D.] waited too long to dispute the paternity ...." A.D. denied any Native American ancestry. Mother denied knowing the identity of minor's biological father.

On February 26, 2021, the social worker made a surprise visit to the home. Mother was not there. The maternal grandmother was watching the children and invited the social worker inside. C.G. told the social worker mother became upset with him, "picked him up off the couch, and threw him on the floor." Minor admitted seeing mother throw C.G. Minor also told the social worker that mother "put her hands around his neck, and pushed him against the wall."

On March 2, 2021, the social worker took the children into custody pursuant to a protective custody warrant. During the drive to the office, C.G. disclosed that mother had punched him in the ribs for having a "'potty accident.'"

Mother had a prior dependency history, which included six prior referrals, all of which were deemed unfounded. Mother's criminal history included a battery charge and numerous instances in which she was the victim of domestic violence. Mother had three prior psychiatric holds.

On March 4, 2021, the department filed a Welfare and Institutions Code section 300^[1] petition as to minor alleging mother had untreated mental health issues (b-1), used inappropriate physical and verbal discipline (b-2), failed to provide minor with proper mental health care (b-3), had a criminal history (b-4), had engaged in domestic violence in the presence of the children with C.G.'s father (b-8), and that the family had a significant history with the department (b-9).

The juvenile court detained minor at the hearing on March 5, 2021. Mother filed a Judicial Council Forms, form ICWA-020, reflecting she had no known Indian ancestry. The court found ICWA did not apply to the proceedings. Mother filed a parentage form reflecting minor's father was unknown. The court ordered A.D. to undergo paternity testing.

In the jurisdiction and disposition report filed March 23, 2021, the social worker requested a 30-day extension to obtain paternity results. Both mother and A.D. again denied any Native American ancestry. The children denied any physical discipline by mother. Both children reported domestic violence between mother and C.G.'s father. Mother consistently visited with the children twice weekly. The court granted the department's request for a continuance.

In the April 22, 2021, addendum report, the social worker recommended the court find the allegations in the petition true, remove the children from mother's custody, and grant mother reunification services. The social worker received the results of A.D.'s paternity test reflecting a 99.99 percent probability he was not minor's father. The social worker spoke with the maternal grandparents; the maternal grandmother reported that mother physically abused the children. Minor reported that mother choked the maternal grandmother, but denied she physically disciplined him. C.G. reported that mother would kick him; when she would discipline him, it was "'painful.'" He reported witnessing mother choking minor. C.G. said mother would punch both of them.

At the hearing on April 27, 2021, the court found that A.D. was not the biological father of minor and dismissed him from the petition. On April 27, 2021, the department filed a first amended section 300 petition removing allegations pertaining to A.D. and modifying the b-1 allegation to read that mother had "a history of" mental illness, rather than "untreated" mental health issues.^[2] In an addendum report filed May 14, 2021, the social worker reported that mother's visitation was increased to two hours, twice weekly due to her participation in services and utilization of the skills she learned in services during visitation.

On May 19, 2021, the court found the allegations in the first amended petition true, removed the children from parents' custody, and granted mother reunification services.^[3]

From June 25 to 27, 2021, the children had an unsupervised weekend visit with mother. On July 2 to 5, 2021, the children had a second unsupervised weekend visit with mother. They were placed in mother's care on July 5, 2021. On July 7, 2021, law enforcement placed mother on an involuntary psychiatric hold due to threats of suicide.

On September 30, 2021, mother was placed on another involuntary psychiatric hold after she "took pills and tried to commit suicide." At the time, the children were in the home of the maternal grandmother.

On October 8, 2021, the department took all the children, including J.D. (born August 2021), into custody pursuant to a protective custody warrant. In a section 387 supplemental petition filed October 13, 2021, the department alleged the previous disposition had not been effective because mother continued to have ongoing mental health issues and suicidal ideation resulting in her hospitalization when the children were in her care (s-1).

On October 13, 2021, the social worker asked mother if she had Native American ancestry; mother responded, "that she was told she does, but she asked her mother and she is not sure." The maternal grandmother "said that she was told she was Native American, but she is not sure, and she is not registered. She disclosed she thinks it could be the tribe Eagle Blackfoot, something like that."

On October 14, 2021, the court detained minor on the supplemental petition. The court noted, "And I believe on the mother's side, there was, I believe, [Blackfeet] Indians . . . that were identified in the report, as well, so I think it's something that the Department may need to look into." The court directed the department to make further inquiries and found ICWA may apply.

In the November...