In re Alexander R.
Filed 7/23/13 In re Alexander R. CA2/4
NOT TO BE PUBLISHED IN THE
OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
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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opinion has not been certified for publication or ordered published for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 FOUR
In re ALEXANDER
R., a Person Coming Under the Juvenile Court Law.
B245319
(Los Angeles County
Super. Ct. No. CK95422)
LOS ANGELES COUNTY
DEPARTMENT OF CHILDREN AND FAMILY SERVICES,
Plaintiff and Respondent,
v.
REBECCA R.,
Defendant and Appellant.
APPEAL
from orders of the Superior Court of
County, Terry Truong, Juvenile Court Referee. Affirmed.
Leslie
A. Barry, under appointment by the Court of Appeal, for Defendant and
Appellant.
John F.
Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Sarah
Vesecky, Deputy County Counsel, for Plaintiff and Respondent.
Rebecca R. (mother) appeals from the order declaring her
son, Alexander, to be a dependent of the court pursuant to Welfare and
Institutions Code section 300, subdivision (c).
On
August 8, 2012, a referral
was received by Child Protective Services
alleging that Alexander (born Dec. 2001) was the victim of emotional abuse by
mother and mother’s daughter, Alyssa, was “at risk.â€
been admitted to BHC Alhambra
Hospital. He was diagnosed with mood disorder. Alexander told the attending physician that
he had “thoughts to hurt myself and hit myself,†with a plan to use a knife or
strike himself in the face. Alexander
presented with “increased aggression with his sibling suicidal ideations.†The reporting party also said Alexander had
previously been diagnosed with posttraumatic stress syndrome and has had
“[b]outs of [e]xplosions.†There were
also allegations that mother failed to ensure Alexander took his prescribed medication
and that due to mother’s ongoing abuse and neglect, Alexander was not
displaying any improvement. Previously,
in May 2012, Alexander was taken to BHC
Alhambra Hospital
after he said he wanted to kill his classmates and teacher.
On
August 9, Children’s Social Worker (CSW) Shilling interviewed Alexander at the
hospital. He stated that he gets angry
quickly, especially when mother yells at him.
When she does, Alexander responds by hitting her. He was sad about hitting mother and told her
he wanted to kill himself. He admitted
he said this to mother often.
On
August 21, 2012, Schilling
spoke to Alexander’s psychiatrist, Dr. Marie Troung. The doctor stated, “I have noticed [mother]
is very critical of [Alexander]. Like
even within walking 50 [feet] into my office she is just constantly criticizing
him like, ‘don’t walk like that . . . don’t do that . . .
don’t touch that,’ and I’m thinking, I can’t believe you’re doing this to him
right now.†Dr. Troung noted that
“[mother] is very different with [Alyssa].
She is very caring with her and really easy on her.â€
On
August 22, CSW Perez spoke with Alexander’s therapist, Diane Thorp. Thorp said when she saw Alexander, he was
always tired because he cannot get sleep at mother’s house. Alexander reported to Thorp the
following: (1) mother yells at him all
the time; (2) he never has time for himself because he is always doing
something for mother and his sister; (3) mother told him he has to learn how to
take care of his sister because he will have to do so if something happens to
mother; and (4) mother never corrects his sister and everything he does is
wrong. On one occasion, Thorp observed
Alyssa throwing food and hitting Alexander.
Mother reprimanded only Alexander.
Alexander confided to Thorp that is how it always is. Thorp opined, “I think the way [mother]
treats him is a big factor in his Depression.
He told me that she yells at him constantly and that he likes to come to
therapy because it’s quiet.†She did not
consider Alexander to be “safe emotionally†because of the stress mother is
causing him.
Similar
concerns regarding mother’s treatment of Alexander were voiced by the case
manager of the family’s transitional housing and Alexander’s school
psychologist. The case manager heard
mother and Alexander yelling and cursing at each other. Mother blamed Alexander if there was a
problem. An employee reported to the
manager that she heard mother threaten to send Alexander to the hospital if he
did not behave. Both the case manager and
psychologist noted that Alyssa can do no wrong in mother’s eyes; however,
mother is constantly disappointed in Alexander.
As a result, he always looked sad and depressed.
In
a follow-up interview, Alexander told Perez that he was really tired. He cannot sleep because he wakes up at night
and worries “about stuff like school and my mom.†According to Alexander, mother told him she
was pregnant and said, “she doesn’t know if she can keep it because the medication
she takes might hurt the baby.†He said
he feels like he has to look after his sister because mother told him he has
“to learn how to take care of her because if [mother] dies then I’m going to
have to take care of Alyssa by myself.â€
Asked if he felt like he had too much responsibility, he replied, “I
don’t know.†Alexander said he told his
therapist that mother hits him on his arms, yells at him, and makes him take
care of his sister. Mother pressured
Alexander into telling her what he had said to his therapist. When he complied, she yelled at him and he
started crying. Alexander said mother
made sure he took his medication.
On
August 24, 2012, Perez completed her interview with mother. When asked about telling Alexander about her
pregnancy and his need to learn how to take care of Alyssa, mother said, “I
never say that to him. If he knows that
it’s because he overheard me talking.â€
She denied using physical discipline on her son. Mother claimed Alexander was tired because
his father allowed him to stay up late during weekend visits. She acknowledged treating Alyssa differently
“because she’s younger.â€
Perez
spoke to Dr. Semmert Dessalegn, who attended the team decision meeting and
observed the family. Dessalegn said the
concerns regarding the family were outlined during the meeting. Nonetheless, mother “did not understand how
she was harming Alexander and that mother needs to address her mental health
needs because she is clearly affecting Alexander in a negative way.†She stated he appeared to be suffering from
depression and that he might feel better in a new environment away from
mother.
On
September 10, 2012, the Los Angeles County Department of Children and Family
Services (DCFS) filed a petition, alleging mother placed Alexander and Alyssa
at risk of serious physical harm by failing to ensure that Alexander received
his prescribed psychotropic medication, Alexander was suffering serious
emotional damage as a result of mother’s emotional abuse, and mother’s failure
to address Alexander’s diagnosed psychiatric needs placed him and Alyssa at
risk of physical harm, damage, danger, and medical neglect. (§ 300, subds. (b), (c) & (j).)
On
September 10, the court detained Alexander and placed him with his father,
William R. (father). Alyssa was placed
with mother. Mother was granted
monitored visits with Alexander. DCFS
was ordered to provide the family with maintenance services and mother with low
cost referrals for counseling. Alexander
was to be enrolled in counseling. The
matter was set for a jurisdictional hearing.
In
the jurisdiction/disposition report, the investigating CSW interviewed
Alexander, mother, and father with respect to the allegations in the
petition.
Alexander stated
that his mother usually gave him his medication, saying she failed to “a couple
times.†He believed the medication
helped him because he is “in a better mood.â€
He noted that mother helps him often, but that she sometimes is “not in
a good mood.†When she gets angry, she
yells and curses at him. Alexander
believed that mother gave more attention to his sister than to him. The CSW asked him why he had to go to the
hospital recently. The child replied,
“Because I was really angry.†Explaining
why he was angry, he said, “I was angry about my mom and how she’s not really
paying attention to me.†Alexander gave
the same reason as to why he had thoughts of hurting himself. He was not sure if he wanted to return to
mother’s house.
Mother told the
CSW that the allegation regarding her failure to give Alexander his medication
was “completely untrue.†She asked, “Why
would I take him to therapy and the psychiatrist if I’m not going to give him
his meds[?]†Mother believed the
medication was helping her son. As to
the allegation that mother emotionally abused Alexander, she said, “I think
that I don’t use harsh language toward Alex at all. I’m loud when I talk. I have a naturally loud voice, it’s not
yelling.†She stated she thinks others
have the opinion that she is yelling and using harsh words, but she is “just
very straightforward,†and “Alex knows the difference.†Mother acknowledged she had a bad habit of
cursing, but denied cursing at the children or calling them names. She said she praised Alexander and gave a
couple of examples when she had done so.
She thanked him for helping out at home.
Mother believed she and Alexander were bonded and had a “very closeâ€
relationship; however, she conceded that a lot had changed since Alyssa was
born. But she denied showing more
affection to her daughter than to Alexander.
Mother said Alexander’s behavior is “constantly bad†and “he’s
physically abusive of Alyssa,†thus requiring her to correct him.
Regarding
Alexander’s recent hospitalization, mother stated “things had escalated at
home†with respect to his aggressiveness toward her and Alyssa. Mother did not believe Alexander’s therapy
was helping him, so she took him to her psychiatrist, who recommended that Alex
be hospitalized. She thought Alexander was
aggressive toward Alyssa because mother contracted a life threatening disease
while carrying Alyssa and opined that her son’s problem was exacerbated by the
violence promoting environment at father’s house.
Mother denied ever
asking Alexander about what he discussed in therapy. When informed that father had told the CSW
that while in court she asked Alexander what he had said to his attorney,
mother conceded she had done so. She
stated she was “not trying to pry†and was “not thinking†when she asked.
Mother
acknowledged that she was diagnosed with bi-polar disorder a year earlier and
takes medication for the condition. Her
mental health issues cause her to “lack[] motivation.â€
Mother gave the
CSW a letter from Alyssa’s occupational therapist, who stated that home visits
are part of the therapy. He has seen a
“happy, close relationship, and bond between mother, daughter, and son. [Mother] provides a secure environment for
both of her children, and I have observed that both children are always clean
and properly groomed. She talks to
Alyssa and Alex with a constructive tone of voice and seems to make all efforts
to effectively correct them rather than to criticize them when they make
mistakes. . . . She truly
demonstrates a warm home environment.â€
Mother also
provided the CSW with a letter from her therapist at an outpatient clinic. The therapist had treated mother during the
past year and observed that mother took Alexander to the hospital upon the
therapist’s advice. Mother had adhered
to her treatment program to the best of her ability and was compliant with
respect to her medication. Despite
receiving no help from her children’s fathers, she had done the best she could
for her children. The therapist did not
believe taking the children from mother was the answer.
Father reported
that mother has spoken to Alexander in a demeaning way and uses “harsh
language†with the child. Although
Alexander has no behavioral issues while in father’s care, mother tells father
that Alexander is “very aggressive and disruptive.†Father said he has personally heard Alexander
and mother “cussing†at one another when he has called the home. Father stated he has heard mother say to the
child: “Sit the fuck down. Shut the fuck up. Get your ass over here. Get your ass in the corner.†Father heard her threaten to “beat his (Alexander’s)
ass†and to send him away to father’s.
The CSW provided
her assessment as follows: “[I]t is
clear that the child Alexander is suffering from symptoms of depression related
to his interactions with his mother, as evidenced by his statements in both the
Detention and PRC reports.†Alexander
told the CSW “explicitly that his negative emotions that were the cause of his
recent hospitalization were in response to interactions he had with his mother. This indicates the need for Alexander to be
placed out of the mother’s care in order to ensure his safety and in order to
ensure that the child’s suicidal ideation can be appropriately managed.†The CSW was concerned that mother’s report of
Alexander’s aggressive and disruptive behavior was “significantly inflated from
what all other professionals have experienced in working with Alexander.†The CSW believed one of the reasons for this
exaggeration may be that mother was making the child the “scapegoat†for her
inability to meet his needs. She wrote
that support for this theory was provided by mother’s misrepresentation of the
facts with respect to father’s place in the child’s life.
In a last minute
information report to the court, the CSW wrote that it appeared mother was
giving Alexander his prescribed medication while he was in her care.
At the October 23
jurisdictional hearing, Diane Thorp, Alexander’s therapist, testified. She conducted individual counseling sessions
with him from April to September of 2012.
Thorp stated that Alexander suffered from severe emotional
distress. He was very depressed, sad,
lethargic and, sometimes, argumentative.
Alexander told Thorp that it was difficult for him to be yelled at or
hit by mother. Thorp became aware that
mother required Alexander to tell her what took place during therapy
sessions. When she discussed this fact
with mother, mother’s response was that his disclosures were inaccurate. Mother told Thorp that she hit Alexander only
when she needed to stop him from hitting her or her sister.
Thorp opined that
if Alexander did not receive further treatment, he would be at risk of
harm. His level of distress had been so
great during their sessions that it was very unlikely his condition improved in
the month since she had last seen him.
Thorp believed that Alexander’s relationship with mother was “a big
contributing factor†to his emotional problems.
The court
dismissed the (b)(1) (failure to give Alexander his medication) and j(1)
allegations (risk of harm to Alyssa) and sustained the (c)(1) count, finding
that mother caused Alexander to suffer emotional abuse and continued to do
so. Alexander was ordered placed with
father and the case was transferred to San Bernardino County.
This appeal
followed.
“[A] minor may be
adjudged a dependent (§§ 300, 360, subd. (d)) if the juvenile court finds, by a
preponderance of evidence (§ 355, subd. (a)) . . . the child is
suffering serious emotional damage because of a parent’s or guardian’s conduct
or because there is no parent or guardian capable of providing appropriate
care. ([§ 300], subd. (c))
. . . .)†(
624.) Mother correctly observes that
DCFS proceeded on the theory that she was the cause of Alexander’s emotional
problems. Thus, DCFS had the burden of
proving: “(1) serious emotional damage
as evidenced by severe anxiety, depression, withdrawal or untoward aggressive
behavior or a substantial risk of severe emotional harm if jurisdiction is not
assumed; (2) offending parental conduct; and (3) causation.†(In re
Brison C. (2000) 81 Cal.App.4th 1373, 1379 (Brison C.).)
Mother does not
dispute that at the time of the hearing, Alexander was suffering from an
emotional condition that met the terms of section 300, subdivision (c). Instead, she contends there was insufficient
evidence demonstrating that she was the cause of his condition or that her
behavior subjected him to a substantial risk of future harm.
DCFS presented the
following evidence: (1) Alexander was
hospitalized as a result of his threats to do himself harm; (2) the child
acknowledged that his “anger†led to his threats; (3) his “anger†was caused by
mother’s habits of constantly yelling at him, hitting him, and paying attention
only to his younger sister; (4) mother pressured Alexander into divulging what
he said in therapy sessions and then yelled at him for disclosing such
information, causing him great distress; (5) professionals, including
Alexander’s therapist, opined that mother’s relationship with Alexander was
causing his emotional distress; and (6) mother disputed that she had treated
Alexander in an untoward manner, denied that she yelled at him for no reason,
or asked him about his therapy sessions, and claimed that she occasionally
disciplined him because he was aggressive toward her and his younger sister.
Mother argues the
evidence showed, at most, that she “had some ‘run-of-the-mill flaws’ in her
parenting style.†We disagree. The expert testimony established that if
Alexander’s account of mother’s behavior was credited, her conduct was the
cause of his severe emotional distress.
Mother chooses only to dispute her son’s account of their
relationship. However, “[w]e do not
reweigh the evidence, evaluate the credibility of witnesses, or resolve
evidentiary conflicts. [Citation.] The judgment will be upheld if it is
supported by substantial evidence, even though substantial evidence to the
contrary also exists and the trial court might have reached a different result
had it believed other evidence.
[Citation.]†(
212, 228.)
Additionally,
mother asserts the evidence failed to establish she was the cause of
Alexander’s emotional problems. Quoting
Alexander’s therapist’s testimony, she argues DCFS proved only that she was a
“contributing factor†to the child’s emotional issues. Mother parses the testimony too finely and
ignores the bulk of the evidence that was presented. DCFS’s showing established that mother’s
abusive treatment of Alexander caused him to suffer serious emotional damage. Alexander said so and the experts
agreed. Several independent witnesses,
including Alexander’s psychiatrist, confirmed Alexander’s description of his
relationship with mother. The supervisor
of the transitional housing where the family lived heard mother yell and curse
at Alexander, and an employee of the facility heard mother threaten to send the
boy to the hospital if he did not behave.
Alexander’s psychiatrist was taken aback by mother’s constant criticism
of him while in the psychiatrist’s office.
Dr. Dessalegn, who observed the family at a team decision meeting, said
mother did not understand that her treatment of Alexander was harming the child
because “she [was] clearly affecting [him] in a negative way.†She opined further that he was suffering from
depression and would possibly benefit from being away from mother. Diane Thorp told DCFS that Alexander was not
“safe emotionally†because of the stress mother is causing him. We have little difficulty concluding that
substantial evidence supports the dependency court’s finding that mother was
the cause of Alexander’s emotional problems.
And, significantly, her refusal to accept that she might have any
responsibility for Alexander’s condition shows that he would be at risk of
serious emotional damage in her custody.
Mother’s reliance
on Brison C., supra, 81 Cal.App.4th 1373, and In
re Alexander K. (1993) 14 Cal.App.4th 549 is misplaced. In Brison
C., children services did not prove that the child was seriously
emotionally damaged or in danger of becoming so unless jurisdiction was
assumed. (Brison C., supra, 81
Cal.App.4th at pp. 1379-1380.) Here,
mother does not dispute that Alexander is suffering serious emotional damage as
defined by section 300, subdivision (c).
In Alexander K., there was no
evidence that the father had engaged in any abusive behavior. (14 Cal.App.4th at pp. 559-560.) As discussed, mother’s abuse of Alexander was
established.
The dependency
court’s jurisdictional order was properly issued. Mother does not contest the dispositional
order.
The
jurisdictional and dispositional orders are affirmed.
SUZUKAWA,
J.
We concur:
WILLHITE,
Acting P. J. MANELLA,
J.
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