In re Christian G.

 

 

 

 

 

 

 

 

 

 

 

 

 

Filed 7/25/13  In re Christian G. CA2/1

 

 

 

 

 

 

 

 

>NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115>.

 

 

 

 

IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND
APPELLATE DISTRICT

 

DIVISION
ONE

 

 
>

In re CHRISTIAN G., a Person Coming Under the Juvenile Court Law.	B246540       (Los Angeles County       Super. Ct. No. CK95260)
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,               Plaintiff and Respondent,               v.   TIFFANY M.,               Defendant and Appellant.

 

APPEAL from orders of the Superior Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Los Angeles
County.  Veronica S. McBeth, Judge.  Affirmed.

            Kimberly A. Knill, under appointment
by the Court of Appeal, for Defendant and Appellant.

            John F. Krattli, County Counsel,
James M. Owens, Assistant County Counsel, and Stephen D. Watson, Senior
Associate County Counsel, for Plaintiff and Respondent.

________________

 

            Tiffany M.
(Mother) appeals from the December 12,
2012 jurisdictional and dispositional orders of the juvenile
court.  The court adjudged minor
Christian G., born in December 1995, a dependent of the court pursuant to
Welfare and Institutions Code section 300, subdivisions (a) (serious physical
harm) and (b) (failure to protect).href="#_ftn1"
name="_ftnref1" title="">>[1]  Mother
challenges the sufficiency
of the evidence to support the court’s jurisdictional orders and summarily
requests that we reverse the dispositional orders.  Rudolph G. (Father) is not a party to this
appeal.  We conclude that href="http://www.mcmillanlaw.com/">substantial evidence supports the
jurisdictional orders, refuse Mother’s summary request to reverse the
dispositional orders, and affirm.

>BACKGROUND

On August 25, 2012, the href="http://www.fearnotlaw.com/">Los Angeles County Department of Children and
Family Services (DCFS) received a referral relating to Christian’s
three-year-old half brother Pierce G., who was living with Christian, Father,
and Pierce’s mother, C. H. The referral alleged that Father had full custody of
Pierce, and that Father had reported that C., Father’s girlfriend, was staying
at a Residence Inn Hotel, using methamphetamine and refusing to release Pierce
to Father.  DCFS determined that C. had
been ordered unmonitored day visits with Pierce in a prior href="http://www.mcmillanlaw.com/">dependency proceeding.  Father told DCFS that he had liberalized C.’s
visits because she had been “clean and sober,” but he now wanted Pierce
returned to him because she had relapsed. 
Father stated that C. had relapsed in “‘ the past thirty days,’” then
“corrected his statement by reporting that he believed that [C.] relapsed one
day ago.”  Father, who did not report
that Christian had also been in C.’s custody, “appeared to have been
intoxicated during his telephone conversation as his speech was somewhat
slurred and he made burp sounds.”  Later,
Father stated that maternal grandparents, and not Mother, had been Christian’s
primary caregivers.

C. told police officers that she, Pierce, and
Christian left Father three weeks previously because of Father’s violent
behavior.  C. “appeared to be somewhat
disheveled but did not appear to be under the influence of any substance or to
be coming down from the effects of drugs or alcohol.”  She was oriented as to time and place.  C. reported that she had decided to leave
Father after a domestic violence incident on August 24, 2012.  On that day, Father had argued with her at a
gas station, grabbed her by the hair, and tried to drag her on her back to the
car while she was holding Pierce.  C. got
away from Father and locked Pierce and herself in the women’s restroom.  After Father left, C.’s friend picked up C.
and Pierce.  Scratch marks and
lacerations on C.’s body were consistent with her story.  She also reported that Father started
becoming violent toward her when she was pregnant with Pierce in 2009.  In addition to physically abusing her, Father
threatened to take Pierce from her and to kill C. and her “adult child.”  C. reported that “Christian is very attached
to her and to child Pierce and that he has taken on a role of protector from
[Father].  [C.] reported that Christian
has physically intervened on several occasion[s] in an effort to protect her
from [Father].”  C. said she had used
methamphetamine during her pregnancy but had “last used in December.”

Christian told DCFS that he did not have a good
relationship with Father.  Christian
stated, “‘[H]e’s mean, he’s not a good father and he expects me and C. to do
everything for him.’”  Christian said he
liked C., enjoyed living with her, and that C. and Christian took care of
Pierce, not Father.  He stated that he
had seen or heard verbal and physical altercations between C. and Father.  On one occasion, when C. was pregnant, he saw
Father kicking her as she lay on the floor. 
As to previous referrals of domestic violence, Christian said that
“‘everybody is afraid of my dad, that’s why nobody says anything; they all
protect him.’”  Christian denied that C.
used drugs.  He stated that “he knows
what a person under the influence looks like as [Mother] has struggled with
Bi-Polar Disorder and substance abuse issues for as long as he can
remember.”  Christian said that when
Mother did not take her medication, she would sleep a lot.  Christian told DCFS that he had been
diagnosed with depression and had been hospitalized for two weeks in 2009 on a
psychiatric hold after “he wanted to stick himself with a knife.”  He “attempted to hurt himself because during
that time he believed that nobody would care if he died.  Christian also commented that during this
time [Mother] was on her bipolar mode and slept all day.”  After his suicide attempt, Christian was diagnosed
with depression, prescribed psychotropic medication, and was seen by a
psychiatrist and a therapist.  He had not
seen his therapist from the time he moved in with Father in May 2012.  He stated that he had used marijuana since
the eighth grade to “[escape] from reality. . . .  [H]is reality was his parent’s [>sic] constant arguments in the
house.”  Christian denied using drugs
currently but admitted that he had used marijuana and alcohol while living with
maternal grandparents.  He stated that he
had “mostly resided with his maternal grandparents and had recently moved [>sic] with father in May 2012.”  He wanted to live with Mother, who had always
taken him to therapy and doctor appointments. 
He did not want to see or speak to Father.

Maternal grandmother reported to DCFS that Christian
had resided in her home “on and off for most of his life.”  Mother “struggle[d] with substance abuse and
inconsistent compliance with her psychotropic medication regimen to treat her
Bi-Polar Disorder.”  Maternal grandmother
reported that “there have been periods of time when [M]other has stopped taking
her medications.”  Mother avoids maternal
grandmother and self-medicates with other drugs when she does not take her
prescribed medication.  When maternal
grandmother does not hear from Mother, she knows that she “is getting into
trouble.”  Maternal grandmother reported
that Father had been extremely abusive to Mother.  He “physically assaulted her regularly and
isolated her from her family.”  On one
occasion he had driven Mother to the mountains and threatened to throw her off
a cliff.  Mother had permanent facial
nerve damage from being assaulted by Father. 
Father also intimidated people and enlisted the help of his siblings and
his mother to intimidate people.  Christian
had to leave maternal grandparents’ home “as a result of escalating issues of
substance abuse and theft to support his drug use.”

Mother told DCFS that she had been diagnosed with href="http://www.sandiegohealthdirectory.com/">bipolar disorder in 2003,
that she regularly saw a psychiatrist and a psychologist, and that she took
psychotropic medication.  She stated that
she had used heroin, methamphetamine, and alcohol but had been clean from
June 10, 2012.  She had been in
three residential drug abuse programs, had recently completed a six-week drug
rehabilitation program, and was residing in a sober living home where she
planned to stay for the next year.  She
stated that Christian could not live with her at the sober living home and that
she wanted maternal grandparents to take him. 
With respect to Christian’s recent living arrangement with Father,
Mother stated that “she was looking for a substance abuse program for
[Christian] but he did not want to go and chose to go live with [Father].”
Mother also stated that she had been “aware of the problems in [Father’s] home and
that when [sic] tried to get DCFS to
intervene, she was discredited and accused of trying to cause trouble.”

On August 29, 2012, DCFS reported that Mother’s
“history of substance abuse, inconsistent compliance with her psychotropic
medication regimen and unresolved issues of domestic violence severely limits
her ability to provide protection, supervision, care and control of child
Christian.”  On September 25, 2012,
DCFS reported that Mother was diagnosed with “Bi-Polar 1 Disorder, Mixed,
Severe, with Psychosis and Borderline Personality Disorder”; had been arrested
for possession of a controlled substance in 2006, 2007, and 2009; and had
misdemeanor convictions for driving without a license and theft in 2007 and
2012, respectively.  Also, Mother had “only
been sober for about three months and . . . has completed several
other programs in the past and has relapsed.” 
On November 30, 2012, a multidisciplinary assessment team (MAT)
reported that “Mother’s extensive history of drug addiction gets in the way of
meeting Christian’s needs.”

On August 29, 2012, DCFS filed a petition
pursuant to section 300, subdivisions (a), (b), and (j) on behalf of
Christian.  As amended and sustained
against Father, paragraph a-1 of the petition alleged under section 300, subdivision
(a) and paragraph b-1 alleged under section 300, subdivision (b) that Father
had a history of engaging in violent physical altercations with C. in
Christian’s presence.  On August 24,
2012, Father had grabbed C.’s hair, pulled her to the ground, and dragged her
while she was on her back and holding Pierce. 
Pierce sustained a bruise to his leg. 
On prior occasions, Father had threatened to kill C. and her adult
child, and had kicked C. in Christian’s presence.  As amended and sustained against Mother,
paragraph b-3 of the petition alleged under section 300, subdivision (b) that
Mother periodically has a history of mental and emotional problems, including a
diagnosis of bipolar disorder which rendered her incapable of providing
Christian with regular care and supervision. 
On prior occasions Mother failed to take her psychotropic medication as
prescribed.  As amended and sustained
against Mother, paragraph b-5 of the petition alleged under section 300,
subdivision (b) that Mother has a history of illicit drug use, including
alcohol, methamphetamines, and heroin. 
As amended and sustained against Mother, paragraph b-6 of the petition
alleged under section 300, subdivision (b) that Mother is unable to provide
Christian with appropriate ongoing care and supervision due to her need to
reside in a sober living home in order to maintain her sobriety.  Paragraph b-2 of the petition, which alleged
under section 300, subdivision (b) against Father that Father had placed Christian
in an endangering and detrimental situation by allowing C. to reside in
Father’s home when Father knew of C.’s current substance abuse was
dismissed.  Paragraph b-4 of the
petition, which alleged under section 300, subdivision (b) against Father that
Father has a criminal history of convictions for felony burglary and grand
theft was dismissed.  Paragraph j-1 of
the petition alleged under section 300, subdivision (j) against Father the same
allegations contained in paragraphs a-1 of the petition under section 300,
subdivision (a) and b-1 of the petition under section 300, subdivision (b) was
dismissed.

Christian was detained from Mother’s custody at the
August 29, 2012 detention hearing.  On
October 30, 2012, Mother enrolled in a program where she participated in
classes in alcohol and drug education, relapse prevention, anger management,
parenting, domestic violence, individual and group counseling, and 12-step
meetings. Mother tested negative for drugs eight times between September 2012
and November 2012 but failed to show for scheduled drug tests on
October 12, 2012, and November 7, 2012.

No witnesses testified at the contested adjudication
hearing on December 12, 2012.  After
hearing argument, the juvenile court sustained the section 300 petition,
adjudged Christian a dependent child of the court, removed him from Mother’s
custody, and granted Mother monitored visitation.  The court stated, “I think there is definite
nexus with what’s happening with the drug use and Mother being in the sober
living and unable to take care of him at this time.  [¶]  I
think the mental health and drug use are related and that has to be inability
to care for him.”  The court ordered
Mother to submit to random drug testing, take all href="http://www.sandiegohealthdirectory.com/">psychotropic medication, and
participate in mental health counseling, individual counseling to address case
issues, a drug program, a parenting class, and a 12-step program.  The court ordered Christian to enroll in
individual counseling to address case issues. 
Mother appealed.

>DISCUSSION

A.  Standard of review

The juvenile court’s jurisdictional finding that the
minor is a person described in section 300 must be supported by a preponderance
of the evidence.  (§ 355; Cal. Rules
of Court, rule 5.684(f).)  “‘“When the sufficiency of the evidence to
support a finding or order is challenged on appeal, the reviewing court must
determine if there is any substantial evidence, that is, evidence which is
reasonable, credible, and of solid value to support the conclusion of the trier
of fact.  [Citation.]  In making this determination, all conflicts
[in the evidence and in reasonable inferences from the evidence] are to be
resolved in favor of the prevailing party, and issues ofname="SDU_533"> fact
and credibility are questions for the trier of fact.  [Citation.]”’ 
[Citation.]  While substantial
evidence may consist of inferences, such inferences must rest on the evidence;
inferences that are the result of speculation or conjecture cannot support a
finding.  [Citation.]”  (In re
Precious D. (2010) 189 Cal.App.4th 1251, 1258–1259.)

B.  Substantial evidence supported the
juvenile court’s jurisdictional orders with respect to the allegations under
section 300, subdivision (b) against Mother

Mother contends the evidence was
insufficient to support the juvenile court’s jurisdictional orders under section 300, subdivision (b).  We disagree.

Section 300, subdivision (b) provides a basis for
juvenile court jurisdiction if “[t]he child has suffered, or there is a
substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent
or guardian to adequately supervise or protect the child, or the willful or
negligent failure of the child’s parent or guardian to adequately supervise or
protect the child from the conduct of the custodian with whom the child has
been left . . . or by the inability of the parent or guardian to provide
regular care for the child due to the parent’s or guardian’s mental illness,
developmental disability, or substance abuse.”

“A jurisdictional finding under section 300,
subdivision (b) requires: 
‘“(1) neglectful conduct by the parent in one of the specified
forms; (2) causation; and (3) â€˜serious physical harm or illness’ to
the child, or a ‘substantial risk’ of such harm or illness.”  [Citation.]’ 
[Citations.]  The third element
‘effectively requires a showing that at the time of the jurisdictional hearing
the child is at substantial risk of serious physical harm in the future (e.g.,
evidence showing a substantial risk that past physical harm will
reoccur).’  [Citation.]”  (In re
James R. (2009) 176 Cal.App.4th 129, 135.)

Although “a jurisdictional finding good against one
parent is good against both” (In re
Alysha S. (1996) 51 Cal.App.4th 393, 397) and Father does not appeal from
the jurisdictional orders against him, we examine whether substantial
evidence supported the juvenile court’s jurisdictional orders with respect to
the allegations under section 300, subdivision (b) against Mother.  Paragraph b-3 of the petition alleged under section 300,
subdivision (b) that Mother periodically had a history of mental and emotional
problems, including a diagnosis of bipolar disorder which rendered her
incapable of providing Christian with regular care and supervision and that she
had failed to take her psychotropic medication as prescribed.  Paragraph b-5 of the petition alleged under
section 300, subdivision (b) that Mother has a history of illicit drug use,
including alcohol, methamphetamines, and heroin.  Paragraph b-6 of the petition alleged under
section 300, subdivision (b) that Mother is unable to provide Christian with
appropriate ongoing care and supervision due to her need to reside in a sober
living home in order to maintain her sobriety.

The evidence established that Mother had been
diagnosed with bipolar disorder, had a history of mental and emotional
problems, and had been prescribed psychotropic medication.  But Mother did not always take her
medication, used drugs to self-medicate, and slept a lot when she did not take
her medication.  And Mother had a history
of illicit drug use, including alcohol, methamphetamines, and heroin.  According to Christian, Mother had substance
abuse issues “for as long as he can remember.” 
The MAT team reported that Mother had a history of relapsing and her
“extensive history of drug addiction gets in the way of meeting Christian’s
needs.” As a result, Christian had lived primarily with maternal
grandmother.  Although Mother tested
negative for drugs eight times between September 2012 and November 2012, she
failed to show for scheduled drug tests on October 12, 2012, and November 7,
2012, supporting the inference that she continued to struggle with drug abuse
issues.  In addition, Christian had
attempted to commit suicide because “he believed that nobody would care if he
died.”  The attempt occurred while Mother
“was on her bipolar mode and slept all day.” 
Further, Christian stated that he had used marijuana since the eighth
grade to escape from “his parent’s [sic]
constant arguments in the house.”  And
during his stay with Father, Christian had stopped seeing his therapist and had
“physically intervened on several occasion[s]” to protect C. from Father.  Accordingly, the evidence supports the
inference that Mother’s mental health issues, failure to take prescribed
medication, and drug abuse rendered her incapable of caring for Christian, who
had turned to drugs and attempted to commit suicide.

In addition, Mother currently could not provide
Christian with care and supervision due to her need to reside in a sober living
home.  As the juvenile court stated,
“[T]here is definite nexus with what’s happening with the drug use and Mother
being in the sober living and unable to take care of him at this time.  [¶]  I
think the mental health and drug use are related and that has to be inability
to care for him.”

Mother’s citation to cases such as >In re Destiny S. (2012) 210 Cal.App.4th
999, 1003, for the proposition that drug use, without more, is an insufficient
basis for jurisdiction under section 300, subdivision (b) is unpersuasive in
light of the evidence of a nexus between Mother’s mental illness and drug use
and the risk of serious harm to Christian. 
And to the extent that
Mother requests us to reweigh the evidence, her argument must fail.  (In re Matthew S. (1988) 201
Cal.App.3d 315, 321.)

We conclude that substantial evidence supports the
juvenile court’s order adjudging Christian a dependent under section 300,
subdivision (b).  Therefore, we reject
Mother’s summary request to reverse the dispositional orders regarding Mother
and removing Christian from Mother’s custody.

DISPOSITION

            The juvenile court’s jurisdictional and dispositional
orders are affirmed.

            NOT TO BE PUBLISHED.

 

                                                                                    MALLANO,
P. J.

We concur:

 

            ROTHSCHILD, J.

 

            CHANEY, J.