Opinion
NOT TO BE PUBLISHED
APPEAL from order of the Superior Court of Los Angeles County, No. CK28075 Stephen Marpet, Judge.
Michael A. Salazar, under appointment by the Court of Appeal, for Defendant and Appellant.
Andrea Sheridan Ordin, County Counsel, James M. Owens, Assistant County Counsel, and Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent.
ALDRICH, J.
INTRODUCTION
Martha M. appeals from the order of the juvenile court taking jurisdiction over her children Victoria A. (15 years old) and Alonso A. (14 years old). (Welf. & Inst. Code, § 300, subd. (b).) Mother argues there is no evidence to support the court’s findings as to her. We disagree and affirm the order.
All further statutory references are to the Welfare and Institutions Code, unless otherwise noted.
FACTUAL AND PROCEDURAL BACKGROUND
1. The referral
The family has a long history with the Department of Children and Family Services (the Department) as there were eight prior referral investigations and one open case involving mother and father in the past 13 years.
The Department received the most recent referral from an anonymous caller who reported that the father was an alcoholic and the parents frequently screamed at each other. A social worker made an unannounced visit to the family’s house and was told that mother did not want to get out of bed. The house was infested with cockroaches that crawled on the social worker while she sat at the table taking notes. The only food in the house was a half-gallon bottle of milk and soup on the stove. Father claimed to be going to buy groceries. The children agreed the house was filthy.
Father is not a party to this appeal.
The juvenile court sustained the following allegations against the parents under section 300, subdivision (b): mother has been mentally unstable and has emotional problems including depression which conditions render her unable to provide regular care for the children. She has failed to take her psychotropic medication as prescribed. Father has a history of alcohol abuse and is a current abuser of alcohol which renders him incapable of providing regular care for the children. On numerous occasions father was under the influence of alcohol while the children were in his care and supervision. Father created a detrimental home environment for Victoria by emotionally abusing the child by verbally degrading her and calling her demeaning names resulting in the child mutilating herself.
2. Mother
The record shows that the social worker found mother to be mentally unstable. Mother could not provide a sensible statement to the social worker. She merely repeated questions and then stated, “ ‘You want me to go to the crazy doctor... okay I go to the crazy doctor.’ ” Asked about the allegations, mother stated, “ ‘don’t you know that my husband took my baby with the vacuum[.]’ ” Asked to clarify that statement, mother appeared upset, began stomping her foot, shaking her head and hands. She took the social worker’s pen and scribbled on the social worker’s note pad, “ ‘[t]his mother fucker took me to the fucking car’ ” and announced, “ ‘[t]hat’s what’s happening around here.’ ” Mother then began speaking “gibberish.” Concluding that mother was not mentally stable and could not be interviewed, the social worker ended the interview.
The following people then made statements to the social worker about mother’s mental state: mother’s adult son Josue stated that mother was depressed and paranoid, and talks to herself. Mother’s adult daughter Martha believes mother “ ‘suffers from depression and then gets sick, like today.’ ” She described mother as unpredictable, doing well one day and not the next. Victoria reported that mother was “ ‘just sick and it’s gotten worse.’ ” She lay in bed and only got up to eat or smoke. She had mood changes and was depressed at times. Daughter Jerilyn felt mother’s condition was deteriorating and she had never seen mother “this bad.” Mother’s teeth were rotting, she had lost a significant amount of weight, and she recently had lice. Alonso reported that mother has been sick since before he was born. He stated that she sees things that are not there and talks to herself. Alonso became very emotional and cried while talking to the social worker. The paternal grandmother, mother’s primary caregiver, reported that mother had an ongoing history of mental health issues and that caring for mother was becoming a burden.
Father said mother’s mental health problems began six years ago and she has episodes of depression lasting from three months to two years. According to father, mother’s poor hygiene was the result of her mental health, but he ensured that she showered daily. Father recognized that mother was “in no shape to care for the children.” (Italics added.)
Two months later, father stated mother is “all better now.” He claimed that doctors diagnosed mother with a hyperthyroidism and not a metal health problem. Son Josue explained that mother was diagnosed with Graves Disease, and some of her psychological issues may stem from her hyperthyroid condition. However, the social worker concluded that “it was clear that father minimized mother’s mental health issues” given the children have been consistent and vivid in their accounts of mother’s behavior. Father did not know the name of the doctor who diagnosed mother’s hyperthyroidism.
The record contains evidence that mother would not take her prescribed medications and resisted seeing a doctor. She was prescribed Prozac for her depression. She would not take the pills, putting them under her tongue instead. Father found a slew of pills under the bed and realized she did not take her medications. The doctors did not help her and so recently, mother refused to go to a clinic. Alonso and the paternal grandmother explained that father could not get her to see a doctor. Martha reported that mother refused medical treatment. Her family came from San Jose to get mother, but she refused to go.
Mother started seeing a physician who prescribed medication for her hyperthyroidism. Josue explained that mother takes this medication.
Additionally, there is evidence that mother is capable of violence. The paternal grandmother reported that mother got agitated and was aggressive at times. Alonso saw mother hit the paternal grandmother for no apparent reason.
The social worker observed that mother was unable to provide clear statements and had irrational thoughts, evidenced by repeated sentences, answering in foul language, mumbling, and inability to hold a sensible conversation. Mother was unable to make eye contact when talking and had uncontrollably shaky hands. In the social worker’s view, mother was disoriented and had difficulty tracking conversation. She repeated sentences, mumbled, and could only answer questions asked by father.
3. Father
Father drinks. When he does, he becomes aggressive and verbally abusive, and he swears at the children, calling Victoria and Patricia bitches. He tells Victoria to leave the house if she does not like it. Father’s fighting bothers Alonso who does not like the screaming. Victoria told the social worker that her father yelled and she could not stand the pressure but was fighting the urge to resume cutting herself. The dependency investigator found father was clearly overwhelmed.
4. Victoria and Alonso
Victoria has a strained relationship with father. According to the girl, father was emotionally abusive and argued with her over trivial things. Father called Victoria a “bitch” and told her to leave home. As mother was usually sick, she did not discipline Victoria. The child insisted she had basic necessities and ate every day.
Initially, Victoria claimed her mental health was stable. She had suffered from depression and used to cut herself. She cut her wrist with a blade because of father’s alcoholism and mother’s mental illness. The social worker saw the marks on Victoria’s wrists. The child had been trying to keep herself busy to maintain her mental health and not resume cutting herself, but she was tired of the yelling. However, Martha and Patricia revealed that Victoria had begun cutting herself again about four weeks before their detention. Noting Victoria’s symptoms of depression, the social worker referred Victoria for a mental health assessment.
In addition to her self-mutilation, Victoria was getting into fights at school. She was arrested at school in 2008 and ticketed for battery after fighting with another student. The Department noted Victoria was anxious and agitated. She stated that she stopped cutting herself when she entered foster care.
Alonso uses marijuana, has anger management issues, gets into fights at school, and feels sad, lonely, and nervous. He reports having frequent headaches and stomachaches, and has been aggressive. The child smoked cigarettes at age 7, drank alcohol by age 11, and smoked marijuana at age 12 every day from June through September 2009. He received a ticket for violating curfew in the summer of 2009. He had to pay a fine and would have to drug test. He had not used drugs since being placed in foster care. The social worker concluded from his flat affect, lethargic body language, and sadness, that Alonso was depressed.
The Department held a Team Decision Making meeting (TDM). Mother was not present because she was not mentally stable. The TDM devised a safety plan. The family agreed to take mother for a mental health assessment. Father agreed to participate in Alcoholics Anonymous. The Department filed the petition under section 300, subdivision (b). The court sustained the petition as described above, declared the children dependents, and ordered reunification for the parents. Mother’s appeal ensued.
CONTENTIONS
Mother contends there is no evidence to support the juvenile court’s order sustaining the petition’s allegation as to her.
DISCUSSION
“[T]he purpose of the provisions of this chapter relating to dependent children is to provide maximum safety and protection for children who are currently being physically, sexually, or emotionally abused, being neglected, or being exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm.” (§ 300.2.)
The circumstances under which the juvenile court may take jurisdiction of a child are narrowly defined. Subdivision (b) of section 300 authorizes dependency jurisdiction 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 the willful or negligent failure of the child’s parent... to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left....”
There are three elements to the definition under section 300, subdivision (b): “ ‘(1) neglectful conduct by the parent in one of the specified forms [in subdivision (b), such as a parent’s failure to adequately supervise or protect a minor]; (2) causation; and (3) “serious physical harm or illness” to the minor, or a “substantial risk” of such harm or illness.’ [Citation.]” (In re Heather A. (1996) 52 Cal.App.4th 183, 194.)
At a jurisdictional hearing, “ ‘proof by a preponderance of evidence, legally admissible in the trial of civil cases must be adduced to support a finding that the minor is a person described by Section 300.’ (§ 355.)” (In re Sheila B. (1993) 19 Cal.App.4th 187, 198.) Substantial evidence is evidence that is “ ‘reasonable, credible, and of solid value - such that a reasonable trier of fact could find [that termination of parental rights is appropriate based on clear and convincing evidence].’ [Citations.]” (In re Angelia P. (1981) 28 Cal.3d 908, 924.) “We have no power to judge the effect or value of the evidence, to weigh the evidence, to consider the credibility of witnesses or to resolve conflicts in the evidence or the reasonable inferences which may be drawn from that evidence. [Citations.]” (In re Casey D. (1999) 70 Cal.App.4th 38, 52-53.)
As the Department correctly notes, father does not challenge the order sustaining the allegations as to him. Therefore, we need not address those allegations with the result the children would remain dependents of the juvenile court regardless of our holding. However, for the reasons given below, we conclude the record contains substantial evidence to support the court’s jurisdictional findings based on mother’s conduct as well.
Mother’s mental instability and depression is well supported by the reports received from all of the children, father, the paternal grandmother, and the social worker. Even father acknowledged mother’s depression. Father may believe that mother’s problem is caused only by hyperthyroidism, but the juvenile court also had the evaluations from the social worker and from the Department’s Multidisciplinary Assessment Team indicating that mother’s problems are more extensive than solely an overactive thyroid.
Mother contends, as the record is devoid of a psychiatric diagnosis, that there is no evidence to support the findings that mother is mentally unstable and depressed. However, “[b]ecause the matter to be determined at the jurisdictional hearing is whether a child is at substantial risk of harm at the hands of a parent, due to parental acts or inaction, if that assessment can be made within ordinary experience, no expert is necessary.” (Laurie S. v. Superior Court (1994) 26 Cal.App.4th 195, 202; In re Khalid H. (1992) 6 Cal.App.4th 733, 735-737.) The actual allegations are not based on a diagnosis of psychiatric illness, but that mother is “mentally unstable and has emotional problems including depression.” The social worker and the Department’s reports provided ample evidence from which the court could find mother was suffering from mental instability and depression. Her inability to make clear statements, her irrational thoughts, inability to track or hold a coherent conversation, foul language, mumbling, inability to make eye contact, her disorientation, plus the facts that she sleeps all day and refuses to maintain hygiene, are just a few of the examples.
Mother contends there was no substantial evidence that she failed to take her psychotropic medication. Mother is wrong. Victoria, the paternal grandmother, Alonoso, Martha, and father all described how mother did not take her medication and refused medical care. The fact that the record does not contain the name of the doctor who prescribed mother her Prozac does not change the result, mother’s assertion to the contrary notwithstanding.
There is also substantial evidence that mother’s mental instability and emotional problems put the children at substantial risk of serious physical harm or illness. (§ 300, subd. (b).) Mother is aggressive and attacked the paternal grandmother. Because mother is mostly bedridden and unable to care for herself, she has not been caring for the children or attending to their basic needs, or protecting them from father’s anger, aggression, and abuse. Victoria cuts herself in part because of mother’s mental illness issues; Alonso started using alcohol and has anger management problems, all of which went unobserved and unchecked by both parents. The record contains ample evidence to support the juvenile court’s finding under section 300, subdivision (b).
As for the dispositional orders, mother argues only that they must be reversed if we reverse the jurisdictional order. Where the jurisdictional finding is supported by substantial evidence, the dispositional order stands.
DISPOSITION
The order is affirmed.
We concur: CROSKEY, Acting P. J., KITCHING, J.