In re Jasmine C.
Filed 7/11/12 In re Jasmine C. CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL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opinion has not been certified for publication or ordered published for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 THREE
In re JASMINE C., a Person Coming Under the Juvenile Court
Law.
_____________________________________
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY
SERVICES,
Plaintiff
and Respondent,
v.
KANDACE C.,
Defendant
and Appellant.
B235501
(Los
Angeles County
Super. Ct. No.
CK87256)
APPEAL
from an order of the Superior Court of
County,
Jacqueline H. Lewis, Referee. Affirmed.
Linda
J. Vogel, under
appointment by the Court of Appeal, for
Defendant and Appellant.
John
F. Krattli, Acting County Counsel, James M. Owens, Assistant County Counsel,
and Judith A. Luby, Principal Deputy County Counsel, for Plaintiff and
Respondent.
INTRODUCTION
Kandace
C. (Mother) appeals from a juvenile court order sustaining
allegations of a dependency petition
and making jurisdictional findings pursuant to Welfare and Institutions Code
section 300, subdivision (b).
name="_ftnref1" title="">[1] We find that substantial evidence supports
the allegations of the petition that Mother suffered from mental and emotional problems and that
her daughter Jasmine W. suffered or was at substantial risk of suffering
adjudication order.
unknown. The family came to the
attention of the DCFS on November
24, 2010, when it was reported that Jasmine was an alleged
victim of Mother’s general neglect.
Mother had a history of bipolar disorder and it was a concern that Mother
lacked the ability to care for children.
Nine years previously, maternal grandparents obtained custody of
Mother’s two other children, who were placed with those grandparents under
legal guardianship. Maternal grandmother
stated that they were concerned when Mother gave birth to Jasmine because
Mother had not taken care of her other two children and now had a newborn.
On
December 2, 2010, a CSW
talked to Mother, who was staying at a friend’s home until she could find her
own place. Mother said her parents made
the child abuse report and were angry because Mother would not let them see
Jasmine and because Mother chose not to conform to their Jehovah Witness
religion. Mother felt her parents were
trying to prevent her from being a good mother.
Mother denied being bipolar and said she was never diagnosed with and
had never taken any medication for mental illness. She refused to participate in an assessment
to rule out mental health concerns, stating that there was nothing wrong with
her and she never had any mental illness.
Mother stated that she did not know the identity of Jasmine’s
father. With regard to Jasmine, Mother
stated that Jasmine was a normal baby and ate every three to four hours.
When
informed that the CSW would contact her to complete the investigation, Mother
said there was no reason for the CSW to come back, that Jasmine was fine and
that she was not neglecting her. Between
December 10, 2010 and February 1, 2011, the CSW made several unsuccessful
attempts to contact Mother by phone, unannounced visits, and letters. On February 2, 2011, the CSW met Mother,
stated that the referral was still open, and again asked Mother to participate
in an assessment to determine if the family needed any services. Mother again stated that she had no mental
health concerns and had never been diagnosed with mental health issues, and
blamed the DCFS involvement on her father.
The
CSW observed that Jasmine appeared to be small for her age. The child weighed eight pounds, three ounces
on her last medical visit. The CSW
suggested that Mother contact the doctor to ensure that Jasmine was developing
age appropriately. The CSW stated that
she would follow up with the doctor and request the assessment.
Mother
was assessed on February 10, 2011. The
assessor reported that when she arrived at Mother’s home she appeared confused,
guarded, and watchful, and constantly asked why the assessor was in the home
and why the assessment needed to be conducted.
Mother had unrealistic expectations for Jasmine, stating that Jasmine
was ready to crawl when her infant was only two months old and that Jasmine was
already talking. The weather was cold
and Jasmine had no socks or pants on and no blankets were in the living room. The assessor had concerns about Mother’s understanding
and intellectual functioning. Mother
reported not knowing why her parents had legal guardianship of her older
children, stated that her mother was out to get her and “will try everything to
steal my daughter from me.†Mother
showed no emotions and was disengaged, avoided eye contact, responded with
short, slow answers, looked confused, and would “daze off†during the
interview. Mother struggled to
comprehend the questions, and her answers contradicted themselves. Mother expressed no clear plan about how she
would raise Jasmine and had unrealistic expectations about Jasmine and her
living situation. The assessor felt
further investigation was needed to determine Mother’s mental health, and
recommended a program to educate Mother on child development and parenting of a
newborn, an in-home program to track her progress and interactions with
Jasmine, and a thorough psychological evaluation.
On
March 1, 2011, the CSW contacted Mother about results of the assessment and
explained Mother would benefit from voluntary services from the DCFS. Mother said she did not need or want any
services and she was doing well on her own.
On
March 11, 2011, the CSW told Mother that an appointment was made for Jasmine at
the Failure to Thrive Clinic at UCLA.
Mother responded that there was nothing wrong with Jasmine, and that she
had changed her milk and she was doing better and gaining weight. After the CSW explained the benefits of
taking Jasmine to the Failure to Thrive Clinic, Mother agreed to attend and did
attend the appointment on March 15, 2011.
After the appointment, a representative of the Failure to Thrive Clinic,
Olga De Jesus, contacted the CSW, stating that she was concerned about how
Mother fed Jasmine, by mixing milk in a pitcher. De Jesus wanted to make a home visit to
Mother’s home for an assessment of how Mother fed Jasmine and prepared the
milk. On March 16, 2011, the CSW
informed Mother that Jasmine had been diagnosed with failure to thrive and it
was reported that Mother was not mixing Jasmine’s formula appropriately. Mother responded that Jasmine had always been
small. The CSW explained that there were
concerns about Jasmine’s weight and the DCFS wanted to follow Jasmine to ensure
she was getting the best possible care and that she was healthy.
Also
on March 16, 2011, the CSW received a report from the Failure to Thrive Clinic,
indicating that Jasmine was diagnosed with failure to thrive due to inadequate
mixing of formula. De Jesus of the
Failure to Thrive Clinic informed the CSW that Mother would not schedule a home
visit at her current residence because she did not live there permanently.
On
March 29, 2011, Mother attended a Team Decision Meeting. Mother stated that she had not been diagnosed
with any mental health issues,
but was hospitalized for post-partum depression at Del Amo Hospital for a month
after her second child was born. Mother
stated that she stayed with friends from place to place, had turned down
homeless assistance from the Department of Public Social Services, and did not
need housing assistance and was trying to do things on her own. Regarding Jasmine’s failure to thrive, Mother
stated that Jasmine had a “gestational
problem,†and that the doctor had a concern that Jasmine was underweight
when she was just 11 days old. The CSW
assessed the family as one in which the risk was too high for Jasmine to remain
with Mother without preventative services, and recommended that the family
receive Court Family Maintenance Services to ensure that Mother completed all
medical appointments and follow-up recommendations, that Mother participate in
courses for child development and parenting a newborn, and that the juvenile
court order an Evidence Code section 730 evaluation of Mother’s mental health.
On
April 1, 2011, the DCFS filed a non-detained section 300 petition alleging that
Jasmine was a person described by section 300, subdivision (b) [child suffered
or risked suffering serious physical harm or illness by parent’s failure to
supervise or protect the child adequately and to provide the child with
adequate food, clothing, shelter, or medical treatment, and by the parent’s
inability to provide regular care for the child due to the parent’s mental
illness], in that Mother was previously diagnosed with mental and emotional
problems, including a diagnosis of psychosis, Mother had depression, suicidal
thoughts, auditory and visual hallucinations, increased anxiety and paranoia,
and placed Jasmine in a detrimental and endangering situation when the child
was diagnosed with Failure to Thrive and Mother missed doctor’s appointments.
On
April 1, 2011, the juvenile court found that a
Jasmine was a person described by section 300, subdivision (b), ordered Jasmine
released to Mother pending the next hearing, and ordered the DCFS to provide
family maintenance services, shelter referrals, and transportation assistance.
On
April 7, 2011, the CSW and Failure to Thrive nurse De Jesus visited Mother’s
home, and observed that Mother had tied a cloth around Jasmine’s neck because
of a rash. De Jesus advised Mother not
to wrap anything around Jasmine’s neck because that would not help heal the
rash. As of April 8, 2011, Jasmine
weighed 12.6 pounds. On April 12, 2011,
Mother told a CSW that she did not take Jasmine to a medical appointment that
day because no one picked her up for the appointment. Mother said she should not have to take the
bus to appointments and that the DCFS should provide transportation. Mother agreed to reschedule the appointment,
and she and Jasmine appeared for that appointment on April 19, 2011. The doctor reported that Jasmine’s weight had
improved significantly, related to correct preparation of her infant formula,
and that Mother followed dietary recommendations.
Adjudication
and Disposition: The DCFS
jurisdiction/disposition report of April 29, 2011, reported that Jasmine continued
to live with Mother at a family friend’s residence.
The
maternal grandfather stated that Mother was hospitalized several times since
she was 16 years old, had chronic mood swings, and often spiraled out of
control when she was not on her medication.
Maternal grandfather stated that Mother went to St. Francis Mental
Health for two or three weeks seven or eight years previously. When she was 16 years old, Mother went to Del
Amo Hospital where she was medicated for mood swings; to Paramount Mental
Health in Long Beach when she was 18 years old; and to Hawthorne Mental Health
two years previously. Maternal
grandfather stated that Mother had been taken to the hospital by ambulance many
times. Maternal grandfather stated that
Mother told her parents she was bipolar, although Mother denied she had ever
been diagnosed with any mental health conditions or prescribed any psychotropic
medications. The maternal grandfather
questioned how a bipolar person who did not take her medication could raise
Jasmine.
Mother
denied that she had not taken Jasmine to doctor’s appointments, stated that she
mixed her formula and fed her correctly, and said that the clinic could not
explain why Jasmine was diagnosed as failure to thrive. No records were found of Mother being
admitted to La Casa Mental Health, Los Angeles Metropolitan Medical Center
(with which Hawthorne Mental Health was affiliated), or Del Amo Hospital. Mother’s mental health history was still
being investigated.
Mother
was currently looking for work, and reported no income for the previous
year. She denied any personal or family
history of substance abuse, mental illness, or domestic violence.
Jasmine
had been diagnosed with failure to thrive.
Mother resisted cooperating with the DCFS but complied with making or
rescheduling appointments, while expressing that she did not understand why the
appointments were necessary. Mother also
resisted the advice and opinion of medical professionals. The DCFS believed, however, that with court
and DCFS supervision, Jasmine could remain safe as long as her medical
appointments were made and she was making progress.
For
a May 25, 2011, hearing, the DCFS reported that after initially denying any
memory of her hospitalization, Mother told a CSW that she remembered being
hospitalized because she was acting out and dealing with problems with her
family, who, she said, did not let her grow up and become her own woman. Mother stated that this occurred [awhile] ago
now and things have changed. I don’t
feel I need anything now.†Mother’s
mental health records from St. Francis Hospital showed that Mother was
psychiatrically hospitalized from November 29 to December 2, 2002 for
depression, suicidal thoughts, auditory and visual hallucinations, a history of
psychotropic medications, anxiety, and paranoia. The records indicated that the patient, a
single mother, could not handle her two-year-old son’s tantrums. The diagnosis was “unspecified psychosis.†Mother also stated that a boyfriend was
abusing her physically and emotionally.
Mother was prescribed risperdol and seroquel. Mother said this hospitalization was for
anxiety and post-partum depression, because she felt she was not bonding with her
baby. Mother denied having auditory and
visual hallucinations, and denied that she wanted to choke herself. Mother added that she did not remember the
specifics of her hospitalization. The
CSW stated that given the prior hospitalization, the removal of Mother’s two
older children from her custody, and concerns for Jasmine’s safety, the DCFS
recommended that Mother undergo an Evidence Code section 730 evaluation or
equivalent psychiatric evaluation.
By
July 21, 2011, Mother was not enrolled in treatment programs and was not
willing to participate in such programs.
Mother said she planned to move out of state but did not know when or
where she was moving. Mother refused to
allow the CSW into her house on a visit during May, although she let the CSW in
the following day. Mother had displayed
behaviors indicative of diminished mental health, and Mother’s failure to seek
services could result in Mother’s mental health worsening, placing Jasmine at
increased risk of neglect or abuse.
On
July 19, 2011, a CSW suggested a voluntary family maintenance contract with
Mother, who said she was not interested.
Mother stated she was moving out of town soon and could not to complete
a voluntary family maintenance contract.
In
the August 11, 2011, adjudication, the juvenile court heard testimony from
Allana Darter, a DCFS dependency investigator CSW. Darter identified the current risk to Jasmine
as Mother’s mental health issues that were undetermined at that time. The initial assessment in February 2011
identified mental health concerns that needed further psychological
evaluation. Mother was described as
guarded, meaning that she did not fully disclose what was occurring with
Jasmine or with herself. Mother made
more extreme statements, such as stating that the DCFS was out to get her and
that the E. R. worker wanted Jasmine for herself. Initially Mother was noncompliant with
attending to Jasmine’s medical needs and mental health concerns made her
reluctant to obtain a physician’s help for Jasmine’s failure to thrive. Mother did become more responsive after the
DCFS became involved. More recently
Jasmine had received the treatment she needed and her health had
stabilized. Jasmine was not currently
diagnosed with failure to thrive and was not receiving services from the
failure to thrive clinic, because she did not need them. Mother had initially not disclosed her
hospitalization in 2002 for mental health problems, which included depression,
suicidal thoughts, thoughts about choking herself, auditory and visual
hallucinations, a history of psychotropic medication, anxiety, paranoia, and
inability to handle her two-year-old son’s tantrums. Mother stated that she did not feel she had
any current mental health problems. On
March 29, 2011, and at later times, DCFS personnel asked Mother to have an
additional psychological evaluation, but mother declined to do so, and also
declined to participate in counseling.
Although Mother complied with attending to Jasmine’s medical needs after
the juvenile court intervened, she had not become more compliant regarding her
mental health issues. Mother’s parents
had obtained legal guardianship of Mother’s two older children because of
concerns about Mother’s mental health and ability to care for those children,
and because Mother had left the home where they were all living.
Mother
and Jasmine currently lived with a friend of Mother’s.
The
juvenile court stated that Mother had been hospitalized on more than one
occasion for diagnoses that included
thoughts, auditory and visual hallucinations, and increased anxiety and
paranoia. When the DCFS received a
referral about Jasmine and tried to investigate, Mother denied her prior mental
health hospitalizations. When the CSW
saw that Jasmine was very small and tried to help Mother, Mother insisted that
Jasmine was fine and had no problems.
When the DCFS set up an appointment with the failure to thrive clinic,
Mother missed that appointment. The
juvenile court found that Mother continued to have psychological issues that
had caused her to resist DCFS assistance, and appeared disengaged from her
surroundings. Mother was initially
assessed as appearing to be detached and anxious, very little speech and slow
responses, no memory of recent events, a guarded, suspicious, and frightened
attitude, and sleep disturbances, poor memory, and fear of being harmed. Mother told the assessor that Jasmine, then
aged two months, was ready to crawl and was already talking. In cold weather Jasmine wore neither socks
nor pants and there was no blanket in the room.
Mother expressed no clear plan how she would raise Jasmine, and had
unrealistic expectations about Jasmine and about her living situation. The juvenile court stated that the diagnostic
impression was schizophrenia paranoid type, which was added to the concerns
about Mother providing medical care to Jasmine.
Mother had been unwilling to provide any assurances that the mental
health issues would not keep her from seeking appropriate care for Jasmine and
for providing appropriate stability in Jasmine’s living situation. These were the issues that caused Mother to
sign over guardianship of her two older children to her parents in the previous
probate case.
The
juvenile court sustained the allegations of the petition, declared Jasmine a
dependent child of the court under section 300, subdivision (b), and ordered
custody of Jasmine to be with Mother under DCFS supervision while the case
remained under juvenile court jurisdiction.
The juvenile court ordered the DCFS to provide family maintenance
services and ordered Mother to have
evaluation and to participate in
Mother
filed a timely notice of appeal.
ISSUE
Mother
claims substantial evidence does not support the juvenile court’s section 300,
subdivision(b) findings that Mother suffered from paranoia in March 2011 and
Jasmine suffered or was at risk of suffering serious
a result.
DISCUSSION
1. Section 300, Subdivision (b), the
Allegations of the Petition, and the Standard
of Review
Section 300
sets forth the grounds for juvenile court jurisdiction over those who are
declared dependent children of the court.
Section 300, subdivision (b) states, in relevant part, that the juvenile
court may adjudge a person to be a dependent child of the court when “[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 . . . to adequately supervise or protect the child . . .
or by the inability of the parent . . . to provide regular care for the child
due to the parent’s . . . mental illness, developmental disability, or
substance abuse.â€
The juvenile
court sustained these allegations of the petition: “The child, Jasmine [C.’s] mother Kandace
[C.] has previously been diagnosed with mental and emotional problems including
a diagnosis of psychosis. Mother had
depression, suicidal thoughts, auditory and visual hallucinations. Mother also had increased
detrimental and endangering situation in 3/11 when the child was diagnosed with
Failure to Thrive and the mother missed doctor’s appointments.â€
A
jurisdictional finding under section 300, subdivision (b) requires (1) a
parent’s neglectful conduct in one of specified forms; (2) causation; and (3)
serious physical harm or illness to the child or substantial risk of such harm
or illness. (In re James R., Jr. (2009) 176 Cal.App.4th 129, 135.)
“The basic
question under section 300 is whether circumstances at the time of the hearing
subject the minor to the defined risk of harm.â€
(In re Nicholas B. (2001)
88 Cal.App.4th 1126, 1134.) This
court reviews jurisdictional findings according to the substantial evidence
test, and thus we review the evidence before the juvenile court in the light
most favorable to its order. (
461.)
2. Substantial
Evidence Supports the Jurisdictional Findings
A. Substantial
Evidence Supports the Finding that Mother Suffered From Mental
and Emotional Problems
Mother
claims that substantial evidence does not support the finding that she suffered
from a psychiatric illness or paranoia in March 2011 or at the time of the
August 11, 2011, hearing.
Mother
initially denied being bipolar and said she was never diagnosed with any mental
illness, was never hospitalized, and had not taken medication for mental
illness. She later admitted being
hospitalized for a month for post-partum depression after her second child was
born. Her father stated that Mother had
been hospitalized several times since she was 16 years old, had chronic mood
swings, often spiraled out of control when she was not on her medication, and
Mother told her parents she was bipolar.
Six months after Jasmine first came to DCFS attention, Mother remembered
being hospitalized because of family problems.
Hospital records showed that in 2002 Mother was psychiatrically
hospitalized for depression, suicidal thoughts, auditory and visual
hallucinations, a history of psychotropic medications, anxiety, and paranoia,
with a diagnosis of “unspecified psychosis.â€
She was prescribed risperdol and seroquel.
When Mother
was assessed on February 10, 2011, she appeared confused, guarded, and
watchful, and repeatedly asked why the assessor was in the home and why the
assessment needed to be conducted.
Mother had unrealistic expectations for Jasmine, stating that Jasmine
was ready to crawl and was already talking when she was only two months
old. Mother reported not knowing why her
parents had legal guardianship of her older children, and stated her mother was
out to get her and would try to steal Jasmine from her. Mother’s affect was disengaged from her
surroundings, and she looked confused and would “daze off†during the
interview.
As of July
21, 2011, Mother was not enrolled in any treatment and was unwilling to
participate in such programs. Mother
displayed behaviors indicative of diminished mental health and her failure to
seek mental health services could result in her mental health worsening.
Mother was
reported to have made extreme statements, such as saying that the DCFS was out
to get her and the E. R. worker wanted Jasmine for herself.
Mother
similarly initially denied that Jasmine had any problems. On February 2, 2011, however, when Jasmine
was two months and three weeks old, Mother reported that Jasmine weighed eight
pounds, three ounces on her last medical visit.
On March 11, 2011, when informed that the CSW had made an appointment
for Jasmine at the Failure to Thrive Clinic, Mother responded that there was
nothing wrong with Jasmine. Jasmine was
diagnosed for failure to thrive and it was reported that Mother was not mixing
Jasmine’s formula appropriately. On
March 29, 2011, Mother disclosed that a doctor had a concern that Jasmine was
underweight when she was just 11 days old.
By April 19, 2011, Jasmine’s weight had improved significantly, which
was related to the correct preparation of her infant formula and Mother’s
following of dietary recommendations.
At the time
of the adjudication, Mother had become compliant with attending to Jasmine’s
medical needs, but not regarding her mental health issues. Mother’s parents had obtained legal
guardianship of her two older children because of concerns about Mother’s
mental health and ability to care for those children and because Mother had
left the home where they were living.
Mother was unwilling to provide assurances that mental health issues
would not keep her from seeking appropriate care for Jasmine and from providing
stability in Jasmine’s living situation.
Substantial evidence supported the
allegation that Mother was previously diagnosed with mental and emotional
problems including a diagnosis of psychosis, that Mother had depression,
suicidal thoughts, auditory and visual hallucinations, and increased anxiety
and paranoia, which placed Jasmine in a detrimental and endangering situation
in March of 2011 when she was diagnosed with failure to thrive and Mother
missed doctor’s appointments.
B. Substantial
Evidence Supports the Finding That Jasmine Had Suffered or Was
at Substantial Risk of Suffering Physical
Harm or Illness
Mother
claims that substantial evidence does not support the finding that Jasmine had
suffered or was at substantial risk of suffering serious physical harm or
illness in March 2011 or at the time of the jurisdictional hearing.
Mother’s
ability to care for Jasmine was a concern because she had not taken care of her
two older children, who were placed with grandparents under legal
guardianship. Although Mother stated
that Jasmine was a normal baby and was fine and she was not neglecting her, on
February 2, 2011, when Jasmine was two months and three weeks old, she weighed
eight pounds, three ounces on her last medical visit. Jasmine was diagnosed with failure to thrive,
and it was reported that Mother was not mixing Jasmine’s formula correctly. Mother denied problems with Jasmine’s weight
and failure to thrive, said she needed no help or services, and resisted the
advice and opinion of medical professionals.
When an assessor visited Mother on February 20, 2011, Jasmine was
dressed inappropriately for cold weather and wore no socks or pants and no
blankets were in the living room. By
July 21, 2011, Mother continued to be unwilling to enroll or participate in any
treatment programs, and said she planned to move out of state but did not know
when or where she was moving. As of the
August 11, 2011, jurisdictional hearing, Jasmine was no longer diagnosed with
failure to thrive and did not need services from the failure to thrive
clinic. Mother, however, continued to
state that she had no current mental health problems and was unwilling to have
an assessment or participate in counseling, and her mental health issues
remained undetermined. This caused a
risk to Jasmine based on Mother’s previous neglect and failure to provide
adequate care for Jasmine and her lack of a plan to provide appropriate
stability for Jasmine’s living situation.
Substantial
evidence supported the allegation that Mother had placed Jasmine in a
detrimental and endangering situation, and that Jasmine had suffered or was at
substantial risk of suffering serious physical harm or illness.
Mother
argues that assumption of jurisdiction under section 300, subdivision (b) has
been reversed for lack of substantial evidence, even when strong evidence of
psychiatric illness was provided, when the record lacked evidence of neglect,
causation, and serious physical harm or illness, or the substantial risk of
such harm or illness, to the child.
713, however, determined that although a mother described a father as paranoid
and hallucinatory, no evidence linked these alleged mental disturbances to
physical harm or a risk of physical harm to their children, and thus the
evidence did not support jurisdiction under section 300, subdivision (b). (Id. at
p. 718.) Here Mother’s inadequate
care and feeding of Jasmine was linked to her failure to thrive. In In
re James R., supra, 176 Cal.App.4th 129, there was no evidence of harm to
the children from the conduct of Mother (who had a negative reaction to taking
eight ibuprofen with a few beers) or Father, no evidence that the parents’
conduct created a substantial risk of serious harm to the children, and no
evidence supporting a finding that the parents could not provide regular care
for the children because of Mother’s mental health problems or alcohol use. Here Mother’s conduct—her inadequate care and
feeding of Jasmine—did create a substantial risk of serious harm to Jasmine.
DISPOSITION
The order is affirmed.
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
KITCHING,
J.
We concur:
KLEIN, P. J.
CROSKEY, J.
name="_ftn1" title="">[1] Unless otherwise specified, statutes in this opinion will
refer to the Welfare and Institutions Code.
