In re NADIA G., a Person Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. MARIA R., Defendant; NADIA G., Appellant.
No. B243392
Second Dist., Div. Three.
May 30, 2013.
216 Cal. App. 4th 1110
Patti L. Dikes, under appointment by the Court of Appeal, for Appellant.
No appearance for Plaintiff and Respondent.
OPINION
ALDRICH, J.—
INTRODUCTION
FACTUAL AND PROCEDURAL BACKGROUND
1. The dependency
The juvenile court declared Nadia a dependent in 2010 when she was 17 years old because her mother was unwilling and unable to provide parental
The juvenile court ordered the Department, among other things, to enroll Nadia in counseling; to refеr her to trauma-focused cognitive behavior therapy, a parenting program, and a substance abuse program; and to report on the status of her schooling.
2. Nadia‘s dependency has been marked by instability and inconsistency interspersed with short periods of cooperation.
Throughout this dependency, Nadia would comply with the juvenile court‘s requirements, the Department‘s programs, and house rules for a time and then run away from her foster placement and return to her old behaviors. In her first placement, Nadia was rebellious and disrespeсtful and she refused to attend school. Her first foster parent wanted Nadia removed because of her misbehavior. Instead, Nadia ran away in September 2010, just months after the juvenile court assumed jurisdiction.
Although placement proved difficult because Nadia was pregnant, the Department next found her a bed at a home for girls. Nadia had difficulty adjusting to the group home‘s rules, and within the first month she had run away twice and was involved in a physical altercation with another resident. Eventually, Nadia settled into the group home and began attending school and particiрating in many of her programs. Nadia‘s second child was born in November 2010.
Only two months later, however, Nadia returned from an overnight visit with her mother a day late and intoxicated and had to be prompted several times to wake up to tend to her infant. When she failed to pick up her infant from a visit with the child‘s father, the Department detained the baby. After the baby‘s detention, Nadia began skipping school and staying in bed until late morning. She would go out in the evenings and on weekends, returning only to sleep or spend the day. She was arrested five months after the baby was born for assaulting and thrеatening staff at the group home. Upon her release from jail in early April 2011, she told her social worker she did not want the Department to find her another placement. Instead, she opted to stay with an unnamed friend and so the Department did not know her whereabouts for over a month.
Nadia finally contacted the Department from the Los Angeles Police Department‘s 77th Precinct in May 2011 to announce she had been arrested for battery. By then, she was 18 years old and did not wish to return to her mother‘s home, preferring to reunify with her baby. Nadia‘s mother did not want to continue with reunification.
3. The Department recommends terminating dependency jurisdiction.
In May 2011, the Department notified the juvenile court that Nadia had once again gone missing. The Department requested a progress review hearing be scheduled in August 2011 to assess Nadia‘s compliance with the court-ordered child welfare services, and the Department recommended, if she was not complying, that the juvenile court terminate jurisdiction.
In August 2011, the Department reported that Nadia was living with a “non extended family member,” although the placement was at risk becausе the foster mother‘s son had a criminal record. Apart from housing, Nadia was trying to make positive changes. She appeared to be “very motivated,” and as before, “appear[ed] to be serious about re-directing her life.” She started attending school where she was “very motivated” to get her general equivalency diploma (GED). In the social worker‘s view, Nadia was doing her best to follow her program and to keep up with her appointments and responsibilities so that she could reunify with her baby.
Nadia‘s motivation was apparently short-lived as a mоnth later, in September 2011, she ran away and her whereabouts were unknown for four months. The record contains no further indication of Nadia‘s participation in her court-ordered child welfare services.
During this four-month interval, in November 2011, the social worker reached Nadia by telephone. She was staying with a friend but refused to reveal her whereabouts. She admitted she was drinking and declared she had lost all motivation when she lost custody of her baby. She had worked for a few days and was looking for somewhere to live. The social worker warned Nadia that her case could not remain open if she was not compliant with school and other court-ordered services. Nadia understood.
Nadia‘s whereabouts were still unknown when the Department filed its next status review report recommending termination of juvenile court jurisdiction.
4. The juvenile court announces its intention to terminate jurisdiction and orders the Department to prepare Nadia for emancipation.
Nadia did not appear at the scheduled hearing in December 2011. Her attorney relayed Nadia‘s wish that jurisdiction continue. Nadia wanted services and wanted to be placed in suitable housing. Finding emancipation to be the appropriate goal for Nadia, the juvenile court ordered the Department to file the most current transitional independent living case plan (TILP) if it continued to recommend terminating jurisdiction. The court announced its intention to terminate jurisdiction if Nadia showed little cooperation in her services and did not keep the Department informed of her whereabouts and ordered the Department “to conform with [the] requirements in WIC [section] 391.” (Italics added.)
At the end of December 2011 Nadia asked her social worker to come get her. Then, she changed her mind and asked to be given housing after the new year. The Department made several attempts to find suitable housing for Nadia and finally placed her in a group home in January 2012. Nadia participated in creating her TILP in early January 2012.
That same month, the juvenile court ordered the Department to “assess Nadia ASAP for AB12 [section 391] eligibility and programs . . . .”
In February 2012, before her transition meeting was held, Nadia was removed from her group home, as it was only a 30-day shelter. Preferring to stay with a friend instead of a shelter, Nadia vanished for two months. She finally contacted her social worker in April 2012 to report that she and her boyfriend were renting a room but she again refused to provide an address and had no working cell phone. She stated she would agree to close her case. Nadia did not appear at her rescheduled transition conference at the end of April 2012 and did not contact her social worker.
Nadia finally appeared for a transition conference in May 2012. By this time, she was three months pregnant. She and her boyfriend wеre living at his parents’ house where they planned to remain until they could afford a place of their own. Informed of the services and requirements under
In June 2012, the juvenile court asked the Department why it wanted to keep the case open as Nadia had not been in school in months, was not working, and was not living in approved housing. The Department replied it was simply trying to set Nadia on the right path in advance of closing her case. Nadia was trying to address her problems but claimed her individualized education plan made it difficult to enroll in school.
At the June 20, 2012 contested hearing, the court summarized Nadia‘s casе: she was 19 years old; she held her own educational rights; the Department had not approved her residence as a supervised independent living placement;2 and Nadia had only enrolled in school the week before the hearing. The court observed that the Department was working harder than Nadia to provide services and maintain jurisdiction over her. Counsel for the Department replied that for the past two months Nadia had been communicating with her social worker and so the Department recommended keeping the case opеn.
The juvenile court terminated its jurisdiction. It explained that Nadia had not participated in the services that the Department provided. Indeed, she refused services. Although Nadia represented she was willing to participate in some services, the court noted Nadia‘s difficulty following through with her promises. Nadia appealed and the Department did not file a brief.
DISCUSSION
1. Section 391
The Legislature enacted
For nonminor dependents who have permanent plans of long-term foster care, “the court may continue jurisdiction of the nonminor as a nonminor dependent of the juvеnile court or may dismiss dependency jurisdiction pursuant to
Even if the juvenile court terminates its dependency jurisdiction, however, it “retain[s] general jurisdiction over the youth pursuant to
Jurisdiction is maintained if there is ” ‘existing and reasonably foreseeable future harm to the welfare of the child.’ [Citation.]” (In re Holly H., supra, 104 Cal.App.4th at p. 1333.) The principal question to be addressed when deciding whether to terminate jurisdiction over a child in long-term foster
2. The evidence supports the juvenile court‘s finding that Nadia was not participating in a reasonable and appropriate TILP (§ 391, subd. (c)(1)(B) ) but termination of jurisdiction was premature because the mandates of section 391 were not followed.
a. Nadia was not participating in her TILP.
Nadia contends there is insufficient evidence to support the juvenile court‘s finding she was not participating in her TILP, the second of the three bases for terminating jurisdiction. She reasons that the court found that she was not complying with services, whereas subdivision (c) (1) (B) of
The record here demonstrates that Nadia was not participating in her TILP. Entered into on January 9, 2012, Nadia‘s TILP required her, among other things, to (1) keep pushing to attend school on a daily basis with the goal of finishing high school; (2) try to be trustworthy and choose the right friends; (3) follow the programs necessary to obtain her green card; and (4) look for a job. The juvenilе court stated it did not believe Nadia‘s claim that she had been trying to register in school or to participate in a program geared to
In this respect, this case is not unlike the facts of In re Holly H., supra, 104 Cal.App.4th 1324. There, the appellate court noted “[a]lthough one may reasonably conclude that these facts demonstrate a continued need for assistance, Holly has repeatedly refused to take advantage of services that have been offered to her. She failed to appear for an evaluation that might have allowed her to receive income from SSI; she failed to report for a job that the department helped to secure for her; and as just noted she left her group home when she began receiving a very small, limited-term income as the result of her father‘s death. Holly‘s continued participation in the juvenile dependency system cannot rеasonably be expected to prevent any future harm when she has effectively rejected nearly all offers of assistance from the department.” (Id. at p. 1337, fns. omitted.)
The record here also supports the court‘s finding that Nadia refused to take advantage of child welfare services the Department offered, which services were designed to aid Nadia in meeting the promises she made in her TILP. Nadia flouted the Department‘s plans for her and the extraordinary efforts the social workers have made to meet her needs and assure that she was cared fоr. Nowhere does the record indicate she is in therapy or a substance abuse program and she has prevented the Department from assessing her residence. After December 2011, when the juvenile court announced its intention to emancipate Nadia, she disappeared, avoided the Department‘s efforts to communicate with her, refused to apprise her social workers of her where-abouts, declined the Department‘s attempts to locate housing for her, and
b. The termination order was premature because the Department never obeyed the juvenile court‘s order to comply with the mandates of section 391 .
Notwithstanding our conclusion above, termination of dependency jurisdiction was premature. The principal question for the juvenile court under
The Department must also file a report verifying it has provided the youth with a checklist of information, documents, and services designed to aid the nonminor in transitioning to emancipation. (
If the Department has not met the
Based on the
Here, despite the juvenile court‘s announcement, six months before the termination hearing, that it planned to emancipate Nadia, and the court‘s clear and repeated orders to the Department to comply with
It is unclear why the juvenile court allowed the Department to flout the court‘s valid orders. However, the failure of the Department to file its
DISPOSITION
The order terminating jurisdiction is reversed. The matter is remanded to the juvenile court with directions to order the Department to comply with
Klein, P. J., and Kitching, J., concurred.
