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Department of Children and Family Services v. Timothy S.10/4/2001
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Affirmed.
Carey S. (Mother) and her husband Timothy S. challenge the jurisdictional and dispositional orders of the juvenile court. The court sustained dependency petitions as to two children and found that neither child could be safely returned to parental custody. The court's determinations are supported by substantial evidence and we affirm.
FACTS
This family has a lengthy history of involvement in the juvenile dependency system. Three older children (born in 1992, 1993 and 1994) were removed from Mother's care due to parental substance abuse and domestic violence. Parental rights were terminated as to the three older children, who have been adopted.
Shawn S., born in 1996, came to the attention of respondent Department of Children and Family Services (DCFS) in December 1997, when the sheriff's department arrested Shawn's biological father, Kevin S., and Mother. Both adults showed signs of drug abuse and admitted to the arresting deputies their use of methamphetamines. Drugs and drug paraphernalia were found in Shawn's diaper bag and elsewhere in the family living quarters. Shawn was ill and was taken to the hospital by paramedics. Meanwhile, his parents were taken to jail.
A petition was filed in the juvenile court alleging that Shawn has suffered or will suffer physical and emotional harm due to his parents' drug addiction and their failure to adequately protect him by keeping drugs in the family living quarters. The petition also alleged a juvenile dependency history with respect to the abuse or neglect of Shawn's older siblings.
The trial court found a prima facie case for detaining Shawn and ordered DCFS to commence reunification services, although the parents remained incarcerated. Shawn was initially placed with his paternal grandmother. DCFS opposed visitation and reunification services because Mother was given such services in connection with her three older children, yet she resisted drug treatment and failed to rehabilitate herself, with the result that her parental rights were permanently severed.
On April 5, 1998, Mother completed a 90-day residential alcohol/drug treatment program. She frankly admitted to a history of drug usage, and expressed some relief about her arrest, which spurred her to get off the streets and attain sobriety. Mother had also completed a domestic violence class and parenting course. Mother began living with her parents, who are both registered sex offenders.
Shawn was moved to shelter care on April 10, 1998, after DCFS learned that his paternal grandmother had been arrested in August 1997 while driving under the influence of drugs, with three small children in the rear seat. During the arrest, the grandmother disclosed that someone was in the trunk of the car. The officers opened the trunk and found Mother, who was arrested for being under the influence. Mother and the grandmother admitted to snorting methamphetamine supplied by Mother. The family hid information about this arrest, and the grandmother's subsequent conviction, from DCFS.
In January 1999, DCFS reported that Mother was diligently visiting Shawn every Tuesday and Thursday for about two hours each time. Drug tests conducted on Mother between April and December 1998 were negative. She had successfully completed an alcohol and drug pro
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