Opinion
B297692
04-21-2020
In re JUSTIN L., a Person Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. SUZETTE L., Defendant and Appellant.
Judy Weissberg-Ortiz, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Kristine P. Miles, Assistant County Counsel, and Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. 18CCJP07659A) APPEAL from findings of the Superior Court of Los Angeles County. Kristen Byrdsong, Juvenile Court Referee. Affirmed. Judy Weissberg-Ortiz, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Kristine P. Miles, Assistant County Counsel, and Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent.
____________________
Suzette L. (mother) challenges juvenile court jurisdictional findings concerning her son Justin L. (Justin; born Sept. 2002). She contends that the juvenile court's findings are not supported by substantial evidence.
We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Detention Report
This family consists of mother, Scott L. (father), and Justin. In 2012, father was granted sole legal and physical custody of Justin. In 2013, mother obtained joint legal and physical custody of Justin, but father remained the primary decision-maker for medical and educational issues.
On October 19, 2018, the Los Angeles Department of Children and Family Services (DCFS) received a referral of general neglect of Justin by the parents. The caller was concerned that Justin was suicidal. Justin indicated that he had been a victim of abuse and said, "'I want to cut myself.'" Mother stated that Justin was having a hard time that day and might have said something alarming. She explained that Justin had mental disorders, including post-traumatic stress disorder (PTSD), anxiety, autism, and other mental health disorders and stressors that caused him to have mental meltdowns.
Social worker's interview of mother
On October 22, 2018, the social worker contacted mother, who stated that Justin was doing well. She was informed that the online teacher was going to call in a report to DCFS due to concerns that Justin reported that he was being abused and was going to hurt himself. Mother claimed that Justin had no intention of hurting himself and that he was not being abused. She agreed to meet with the social worker in the afternoon at her home.
The social worker went to mother's home. Mother said that Justin was in his room watching television and was nervous about the social worker's visit. Mother claimed that everything was under control and that she had had a talk with Justin, reminding him to be careful about what he discussed with his classmates.
Mother explained that when Justin attended a traditional high school, he had difficulty interacting with his classmates and felt overwhelmed. Thus, she and father decided that it was best for him to enroll in an online school. He had adapted really well to online education, and his anxiety level greatly reduced. However, the week prior, the printer broke and the hard drive on his computer crashed. These back-to-back incidents raised Justin's anxiety because he fell behind in his studies. When Justin said that he was being "tortured," it was just a figure of speech.
Mother said that Justin would get angry easily because of his mental health issues. He had been diagnosed with Asperger Syndrome, depression, and PTSD, and he had experienced blackouts. Dr. David Pudie, a psychiatrist, and Dr. David Sequeira, a psychologist, were treating Justin for his mental health issues. He received weekly therapy, but he had not attended therapy for over a month because the doctor was out of town. He would restart therapy shortly. The social worker informed mother that it appeared that Justin needed more extensive therapy due to his diagnoses. Mother acknowledged that the doctor had previously recommended that Justin receive additional therapy. Justin was prescribed Seroquel to help him sleep. However, he did not like to take the medication since it made him sleepy and tired.
Mother stated that Justin did not say he was suicidal, but he would sometimes say, "'I want to die.'" She and father believed that Justin sometimes acted suicidal in order to get attention. She added that sometimes Justin suffered from delusions, as he claimed that people were following him or hacking his electronics. When she would discuss these delusions with him, Justin would deny any delusions, claiming, "'I would never say that.'" Mother was unsure if Justin did not remember the incident or was lying.
While the social worker was talking to mother in the living room, she heard Justin shouting, "'[H]elp me, help me.'" Mother responded that Justin was "acting out again." When the social worker asked if Justin was alright, mother replied that he was afraid that he was going to be hospitalized and he was scared of hospitals.
The social worker asked mother if Justin was suicidal. Mother relayed the following information: When Justin found out about the social worker's visit, he took mother's keys and locked himself in the bathroom. Mother had ordered him to give her the keys back, but he refused. When he exited the bathroom, he had lines on his arms. He admitted that he was trying to cut his arms with the keys.
At that point, Justin came out of his room and started to yell at mother to stop lying to the social worker. He told mother, "'She . . . will think I am crazy.'" Justin accused mother of making up lies about him in order to have him hospitalized. Mother asked Justin to calm down and said that she was not lying. Mother's statements further infuriated Justin. The social worker opined that Justin was easily triggered by mother. The social worker asked to speak to Justin alone.
Social worker's interview of Justin
Justin admitted that he wanted to kill himself. He said that no one understood or believed him. He had asked his parents for help and to have him hospitalized. He claimed that his friends were being held in a dungeon and he was trying to help them escape, but no one believed him and refused to help him free his friends. He was scared to live with mother and wanted to return to father's home because the people who had captured his friends planned to capture him as well; but, if he moved to father's home, they would be unable to find him. He believed that they were watching him, listening to him, and were probably listening to his conversation with the social worker. Justin started to cry and was whispering to himself. He appeared as if he was carrying on another conversation while talking to the social worker.
Justin stated that he wanted to reenroll in his previous high school. He did not like the online school and missed his friends. He then started to cry harder and started yelling, "'[T]hey lied about me at school. They said I was a sexual predator. And my girlfriend does not want to talk to me anymore.'" Justin appeared distraught and said his girlfriend was pregnant with another classmate's baby. Justin sobbed and said, "'[S]he will never want to talk to me again.'" Justin then said that he wanted to kill himself.
The social worker observed that Justin was irrational and emotionally unstable as his behavior would change from one second to the next. He had vertical scratches on his arms. He denied having any scratches on his arms.
Mother interrupts the interview; social worker calls law enforcement
Mother came back into the room and told the child, "'Justin stop saying these things to [the social worker] as [the social worker] will have you hospitalized. You know son that you do not want to kill yourself. Stop acting like this to get attention.'" Justin yelled at mother, "'You never believe me. You always say I am lying to get attention. I want to kill myself. I want to be hospitalized but you never take me. You never get me help.'" The social worker observed Justin doubled over and passed out on the floor. Mother stated, "'[H]ere he goes again pretending to blackout.'" She then told Justin, "'Get up Justin. If you do not stop acting this way you will go to Del Amo Hospital.'" She acknowledged that Justin had scratches on his arms by using her keys to cut himself. Justin then yelled loudly at mother, "'Stop lying. I want help; why doesn't anyone want to help me[?] Why doesn't anyone believe me? No one cares for me.'" The social worker told Justin that she cared and would make sure that he received help. Justin calmed down when the social worker reassured him that he would receive help. The social worker opined that Justin displayed symptoms of schizophrenia.
The social worker stepped outside to call the psychiatric emergency team (PET) and law enforcement. When the social worker returned to the apartment to await the PET team and law enforcement, she observed that whenever mother would talk to Justin, he would become easily agitated and experience mood swings. Justin would punch the wall when mother spoke to him. There were numerous holes and dents in the kitchen and living room walls. Mother stated that Justin punched, hit his head, or threw something that caused the holes and dents in the walls. The closet door also had a hole, which mother indicated had occurred when Justin punched it.
Mother kept telling Justin to stop acting out and offered him water to try to calm him down. She told him, "'[Y]ou see I told you not to act out in the presence of [the social worker]. Now the PET team is coming to take you to the hospital.'" The social worker asked mother to stop because her statements made Justin more erratic. Mother pleaded with the social worker to cancel the PET team. She claimed that she would transport Justin to Del Amo Hospital, explaining that the last time it was very costly when he was transported by ambulance, particularly because the family did not have insurance to cover his hospitalization. She added that she found Justin's five-day hospital hold unhelpful because he was just released with medication. Additionally, DCFS did not provide any services and had closed the referral.
Justin yelled at mother: "'[I]t is your fault that I am being hospitalized for lying about me to [the social worker]. Now she thinks I am crazy.'" He added, "'I am going to kill you and I will go to my previous high school and kill the kids that lied about me.'" He then banged his head two times on the wall in the kitchen. Then, he ran to the wall heater located in the hallway and tried to pull the cover off the heater. The social worker called 911 due to Justin's escalating behavior (threatening mother and his former classmates).
Mother again asked the social worker why the PET team and law enforcement had been called, claiming that Justin was not a threat to himself or others. She said that she had "everything under control." She said that Justin was "just acting out in order to be able to live with his father." Justin then yelled at mother, "'[I]t's your fault that I cannot live with my father.'" Mother responded, "'No, father does not want you to live with him because of the false allegations you made against your stepmother.'" Justin denied doing so and continued to accuse mother of refusing to allow him to live with father.
Law enforcement arrives
At that point, law enforcement arrived and safely restrained Justin in handcuffs. After consulting with the social worker and assessing Justin, law enforcement called their Systemwide Mental Assessment Response Team (SMART) and transported him to the police station. As a result of the knot on Justin's forehead from banging his head on the kitchen wall, the fire department transported Justin to the hospital to be assessed; he would then be transported to Del Amo psychiatric hospital to be placed on a hold.
Social worker's subsequent conversation with mother
The social worker informed mother about Justin's status. She was distraught, stating that she had tried her best to meet her son's psychiatric needs. She explained that she had to work long hours to be able to support herself and Justin because father was not providing any assistance. Mother was concerned about the cost of hospitalizing Justin because she did not have medical insurance and the last time he was hospitalized, she was required to pay his medical fees; father refused to help. She was concerned that she would be unable to cover Justin's medical expenses.
Social worker's conversation with the hospital social worker
On October 24, 2018, the social worker spoke with Jennifer Ade (Ade), the hospital social worker, who stated that Justin had been in the emergency room for 36 hours and had been seen by the psychiatrist, Dr. Genessy. Ade was unsure of Justin's last dosage of Seroquel, and the records did not indicate that he was receiving the medication in the hospital. Ade would notify the social worker once Justin was transferred to a mental health hospital.
Medical records
Dr. Sequeira confirmed that he was providing mental health services to Justin.
On November 8, 2018, the social worker received Justin's hospitalization medical record from Del Amo Hospital. He had been admitted on October 24, 2018, for suicidal ideation; he was discharged on October 29, 2018. His admitting diagnosis was unspecified schizophrenic spectrum. The initial psychiatric evaluation indicated that Justin was admitted after he notified his school counselor that he had thoughts of shooting the school he had attended, he had auditory hallucinations and heard voices commanding him to kill himself, and he wanted to hurt himself. His suicide risk was high. His final diagnosis upon release was major depressive disorder, recurrent, severe, with psychotic features, encopresis, obesity, allergic rhinitis, and marijuana abuse. He was discharged with three medications.
On November 12, 2018, the social worker received a letter from Dr. Sequeira. He last saw Justin on November 6, 2018. Previously, Dr. Sequeira had seen Justin twice a month, but most recently, mother requested weekly sessions. He diagnosed Justin with schizoaffective disorder-depressive type. He did not have any safety concerns. Dr. Sequeira reported, "It is very difficult to treat Justin as he says something and then immediately denies what he just said. I know he hears voices but denies it. He suffers from delusions. He has a lot of anger towards his stepmother and thinks she has control over everything he does. He used to have frequent outbursts but now they are not so frequent."
Social worker's interview with father
After two unsuccessful attempts, the social worker spoke with father on November 19, 2018. He was aware of Justin's hospitalization, and mother had contacted the stepmother, Daphne B. (Daphne), to inform him about Justin because he and mother did not have a good relationship. He had full legal and physical custody of Justin.
Father did not believe that Justin used drugs. He believed that the cause of Justin's meltdowns was not having the right medications. Father reported that he took Paxil and believed that Justin should be taking the same medication. He was aware that Justin had been diagnosed with schizophrenia and depression. Father revealed that although mental illness runs in his family, he sometimes could not believe that Justin had a mental illness. Father believed that mother might have been using drugs while she was pregnant, which would explain the severity of Justin's autism. Father added that Justin was developmentally delayed and acted like he was 12 years old.
Father explained that in 2012, Justin came to live with him and Daphne because mother had been arrested for possession of crystal methamphetamine. She had been arrested for possession of crystal methamphetamine three times because she was in a relationship with a drug dealer. Father reported that during the five years when Justin was living with him and Daphne, he had to call law enforcement on multiple occasions because Justin had threatened to kill Daphne. Justin was not taking any medication at that time.
The social worker later confirmed that mother's criminal history included a February 22, 2012, misdemeanor conviction for possession of a controlled substance, a June 18, 2012, misdemeanor conviction for possession of a controlled substance, and a December 12, 2012, misdemeanor conviction for willful cruelty to a child and criminal threats.
Father denied that he told Justin he could not live with him and Daphne. However, he would have to talk to Daphne because father lived in her home.
According to father, in 2012, after mother hit Justin, she was charged with child cruelty. The criminal court issued a restraining order against her, and she was not allowed to be within 300 yards of Justin. However, the criminal court lifted the restraining order after a few months because mother started to cry, stating that she wanted to see her son.
Father described mother's home as "'party house,'" and mother's friends would go there to use drugs. Justin had a lot of problems with the school he previously attended and had posted online that he was going to burn down the school; he was asked to leave, which was why Justin was attending an online school.
Father reported that the women in Justin's life were a "'huge issue'" and explained that Justin had imaginary female friends, who he blamed for all of his problems. He recalled that Justin would accuse his imaginary friend of ruining his life. Father believed that Justin had split personalities and had at least two personalities.
Father said that if Justin lived with him, he would enroll the child in extensive therapy and monitor his medication. He would provide structure and rules for him. When Justin was living with him and Daphne, Daphne would monitor Justin's activities and ensure that his needs were met.
Social worker's interview with Daphne
Daphne reported that Justin lived with mother until he was 10 years old. During that time, mother and Justin lived in a campground and she failed to enroll him in school. When mother was arrested for abusing Justin, he went to live with father and Daphne. A criminal court had issued a restraining order against mother protecting Justin, but it was lifted after three months because mother wanted to be with her son. Daphne had "'never seen a kid so messed up.'" Justin had a lot of anger and hatred for mother because she had not done anything to help him. Justin moved back in with mother in March 2017.
Daphne said that Justin suffered from encopresis, but he did not have this condition when he left their home to move back in with mother. When he was living with father and Daphne, Daphne took Justin to a gastrointestinal specialist, who ordered him to sit on the toilet for 15 minutes after every meal, which she would make Justin do. Daphne stated that she would monitor Justin's behavior.
Encopresis is repeatedly having bowel movements in places other than the toilet after the age when bowel control can normally be expected. (3 Lawyers' Medical Cyclopedia § 23.13 [defining encopresis as "Incontinence of stools, a habit analogous to enuresis. Fecal incontinence"].)
According to Daphne, Justin would visit mother every weekend, but he would act out when he returned home after the visits with mother and he was unhappy to return home. During Justin's visits with mother, she would take him to random hotels to attend parties and failed to monitor him; she let him do what he pleased.
Daphne reported that Justin lied a lot. There was an incident where Justin claimed that he was being bullied at school, but after he was informed that there were school cameras, he recanted. Daphne recalled another incident when Justin was 10 years old and claimed that he saw a man outside the window that was trying to kill him, but she and father did not see anyone. In November 2016, Justin accused Daphne of punching him and when officers investigated the incident, they did not find any evidence of abuse. As the officers were leaving, Justin yelled out, "'What? You're not going to take her to jail? She's been abusing me!'" The officers told Justin that those were serious allegations and that he should not make false allegations. Then they left the home.
When Daphne first met Justin, he would accuse father of abusing him, saying father had stabbed him in the back many times. Daphne would ask him where the scars were and he could claim that they went away. When Justin would return from visiting mother, he would say that mother had been abusing him as well. Daphne believed that Justin acted out to get attention.
Information from Regional Center
On November 20, 2018, Latonya Lyons (Lyons) from the Regional Center informed the social worker that Justin had received services in 2007. But, the case was closed due to parental request (by father) on September 20, 2013. Before the case was closed, Justin was scheduled to have a psychological assessment to determine his diagnosis, but the parents failed to bring him to the appointment. They also did not reschedule the appointment.
Lyons stated that on November 8, 2018, mother reinitiated services for Justin because he had recently been hospitalized for suicidal ideation.
Additional information from mother
On November 28, 2018, mother stated that Justin was doing well and had not had any meltdowns.
Social worker's interview with the maternal grandfather
The maternal grandfather reported that Justin had doubled up on his medication and had newly prescribed medication from his recent hospitalization. He thought that mother might need help obtaining Justin's medication if father's health insurance for the child was cancelled. The maternal grandfather had seen some improvement in Justin's behavior as he had not banged his head on the wall, had not thrown anything at the wall, had not harmed himself, and had not had any meltdowns. Justin was more articulate when he spoke. He was going to the gym, which helped him release his energy and manage his behavior. He did not believe that Justin used drugs.
Subsequent interview with Justin
Justin confirmed that he had not been banging his head. He was aware that he might have had marijuana in his system when he was hospitalized. He obtained marijuana from his friends. He would eat marijuana cookies and smoke the drug. The last time he used marijuana was before he was hospitalized. He did not believe that marijuana had negative effects on his behavior. He denied using marijuana the day that the social worker went to the family home. The social worker informed Justin of the dangers of marijuana use, and he agreed to no longer use it. Welfare and Institutions Code Section 300 Petition
All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.
On November 30, 2018, DCFS filed a nondetained section 300 petition on behalf of Justin, alleging that he had mental and emotional problems and that his parents were unable to provide him with appropriate care and supervision. Detention Hearing (Dec. 3, 2018)
Mother's counsel asked the juvenile court to order DCFS to assess the family for a section 301 contract. The juvenile court found a prima facie showing that Justin was a person described by section 300 and that it would be detrimental to Justin not to be under DCFS's supervision. It ordered Justin released to parental custody. The juvenile court also ordered DCFS to refer the family for wraparound and Regional Center services and to evaluate a section 301 contract. The matter was then set for adjudication. Jurisdiction/Disposition Report (Jan. 29, 2019)
The dependency investigator reported that Justin remained in mother's home.
On December 10, 2018, Justin informed the social worker that he was depressed; police were contacted and Justin was placed on a 72-hour hold. Justin denied saying that he was going to harm himself. He said that he was feeling better and did not want to hurt himself. He denied ever wanting to hurt other people. He wanted to continue residing with mother.
Mother stated that she had quit her full-time job so that she could spend more time with Justin. She was now working part-time.
Mother explained that Justin's mental and emotional problems were not as severe as they used to be. His meltdowns used to occur two to three times a day to a week. Currently, his meltdowns occurred two to three times a month. Mother said, "'Since his stay at Del Amo [Hospital], he's had one meltdown and that was at the end of October [2018]. It was really minor. Not how they used to be.'" She also discussed Justin's "physical self-harm. He used to punch himself on the face and cut his arm with keys. He hasn't done that until the last time a Social Worker interviewed him for three hours and he had a meltdown." Mother admitted that Justin "'had threatened people [at his prior school], but he doesn't remember it. It's the schizophrenia. He has gone online and threatened to hurt himself, and then he'd say he was hacked. In 2017, he was on Abilify. It made him more suicidal. He was worse. Then we tried Seroquil. It's been working better. He has a lack of coping skills. Overall, it's getting better.'" Mother represented that she wanted to help Justin through his mental health problems.
Father said that Justin needed to be in a structured environment and should not have access to social media. He stated that Justin was doing well with homeschooling. He added, "'I'm shocked that he's my son. I lead a perfect life. I'm beside myself.'"
The maternal grandfather stated that Justin "'has a lot of mental problems sure, but a lot of it is for attention. I mean, he could hurt himself I guess if pushed.'"
Justin saw Dr. Sequeira every Tuesday. He saw his psychiatrist, Dr. David Ruderman, every four to six weeks. Justin was taking various medications.
The dependency investigator reported that neither mother nor father had enrolled in any classes or programs.
On January 16, 2019, the social worker spoke with mother about her progress. She stated that Justin would be receiving an updated individualized education plan for the first time since he was in fourth grade. He also would be receiving an eye and ear test for school. The Regional Center had signed Justin up for a behavioral class, but it was the same night as her National Alliance on Mental Illness (NAMI) classes. Mother planned to finish her NAMI classes and then she would take Justin to his behavioral classes. In March 2019, Justin would participate in a social skills class. Wraparound services were to begin in a few weeks.
There was one medication change for Justin because he had had a meltdown at the psychologist's office. And, mother indicated that she had made an appointment for Justin to meet with an integrative medicine physician. Mother also had started Justin on a gluten-free, sugar-free, dairy-free, and keto diet.
DCFS did not believe that the case would be appropriate for a section 301 voluntary contract because of Justin's severe mental health issues and his intensive psychiatric needs. Adjudication Hearing (Apr. 15, 2019)
At the adjudication hearing, the juvenile court admitted various DCFS reports into evidence. It then heard testimony from mother.
Mother's testimony
Mother testified that she participated in a 12-week course at NAMI and five out of six sessions of understanding the behaviors at the Regional Center; she planned to participate in individual counseling when she received her MediCal insurance. At the NAMI program, mother learned to better understand what went on in the mind of a mentally ill person, types of mental illness, and the stressors that triggered Justin's behaviors. When Justin's behaviors were triggered, mother would play soft music, massage his scalp, take him on long drives, and take him to a yoga class. She added that Justin now spent more time at the YMCA, he learned about relaxing music, and he took yoga classes. In the Regional Center program, mother also learned about what triggered Justin's behaviors, such as stress about school. She also learned not to give him too many instructions at once because he did not process such information well and to deescalate stressful situations.
Mother understood that Justin had high-functioning autism, schizo-affective issues, and PTSD. He participated in therapy once a week, saw a psychiatrist four to six times a month, and participated in yoga. She took Justin to therapy, yoga, and the psychiatrist. Justin took Seroquel, and mother monitored his consumption of the medication. She felt that the therapy, yoga, medication, exercise, and diet had helped him. She believed that since he ate less sugar, diary, and "bad carbs," he was able to control his anxiety and had more energy.
She stated that Justin had been having suicidal ideation since 2016. He had mental health issues since he was in grade school. When she noticed his mental health issues, she immediately obtained a psychiatrist and a psychologist for him. She claimed that he had not had any suicidal ideation for over one year. But, then she admitted that Justin had suicidal ideations "once or twice in over a year." She said that in therapy, Justin would say that he did not really intend to harm himself. He claimed it was a form of expression. Mother acknowledged that prior to the social worker's investigation, Justin had cut himself with keys days before. She further acknowledged that Justin had made statements regarding harming others. He also threatened mother by telling her to back off or she would regret it.
Mother planned to have Justin participate in group therapy, a socialization class at the Regional Center, and driving classes.
Finally, mother testified that she felt capable of caring for Justin.
Argument
Following mother's testimony, her attorney asked that the juvenile court dismiss the section 300 petition.
Justin's counsel asked the juvenile court to sustain the section 300 petition. Counsel stated that mother admitted that Justin had self-harming ideation since 2016, but it was not until the dependency proceedings initiated that mother took control to ensure that Justin was stable. Counsel added that while mother was taking classes and understood Justin's triggers, his mental illness was so severe that there continued to be a substantial risk of self-harm. Counsel agreed with DCFS's recommendation for informal supervision of the family under section 360, subdivision (b).
Juvenile court order
The juvenile court commended the parents for working together to address Justin's mental health issues. It also found that mother had done substantial work, but, given the child's self-harming behaviors (including cutting, which had occurred as recently as October 2018), the juvenile court sustained the following count in the section 300 petition:
"b-1
"Justin . . . has mental and emotional problems, including but not limited to a diagnosis of Major Depressive Disorder, recurrent, severe, with psychotic features, Schizoaffective Disorder—Depressive Type: F25.1, Asperger Syndrome, and PTSD. The child has further demonstrated suicidal ideation, homicidal ideation, self-injurious behavior, auditory hallucinations, and delusions. On 10/24/2018, the child was hospitalized for the evaluation and treatment of the child's psychiatric condition. [Mother and father] are unable to provide the child with appropriate parental care and supervision due to the child's mental and emotional problems. Such inability on the part of the mother and father to provide the child with appropriate parental care and supervision endangers the child's physical health and safety and places the child at risk of serious harm, damage and danger."
The juvenile court then terminated jurisdiction pursuant to section 360, subdivision (b).
Appeal
Mother's timely appeal ensued.
DISCUSSION
Mother argues that there was insufficient evidence to support the jurisdictional findings.
A. Applicable law and standard of review
"Juvenile dependency proceedings are intended to protect children who are currently being abused or neglected, 'and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm.' (§ 300.2, italics added.) 'The court need not wait until a child is seriously abused or injured to assume jurisdiction and take the steps necessary to protect the child.' [Citations.] The focus of section 300 is on averting harm to the child. [Citation.]" (In re T.V. (2013) 217 Cal.App.4th 126, 133.)
Section 300, subdivision (b)(1), authorizes dependency jurisdiction where "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 or guardian to adequately supervise or protect the child." (§ 300, subd. (b)(1).) Thus, in this case, DCFS was required to establish one or more of the statutorily-specified omissions in providing care for Justin (i.e., inability to protect or supervise); causation; and serious physical harm or illness or a substantial risk thereof. (In re Joaquin C. (2017) 15 Cal.App.5th 537, 561; In re David M. (2005) 134 Cal.App.4th 822, 829.) Although the question under section 300 is whether the circumstances at the time of the hearing subject the minor to the defined risk of harm (In re James R. (2009) 176 Cal.App.4th 129, 135), the juvenile court may nevertheless consider past events in deciding whether a child currently needs the court's protection. (In re T.V., supra, 217 Cal.App.4th at p. 133.) "A parent's past conduct is a good predictor of future behavior." (Ibid.)
Furthermore, "'[f]acts supporting allegations that a child is one described by section 300 are cumulative.'" (In re T.V., supra, 217 Cal.App.4th at p. 133.) Thus, "the court 'must consider all the circumstances affecting the child, wherever they occur.' [Citation.]" (Ibid.)
We review the juvenile court's findings for substantial evidence. (In re T.V., supra, 217 Cal.App.4th at p. 133.) To determine whether substantial evidence supports the juvenile court's findings, we consider the entire record and draw all reasonable inferences in support of those findings. (Ibid.) We do not pass on the credibility of witnesses, resolve conflicts in the evidence, or weigh the evidence. (Ibid.) We must affirm the juvenile court's findings even if other evidence supports a contrary finding. (Ibid.; see also In re A.M. (2010) 187 Cal.App.4th 1380, 1387-1388.) On appeal, the parent has the burden of showing that there is insufficient evidence to support the juvenile court's jurisdictional findings. (In re Geoffrey G. (1979) 98 Cal.App.3d 412, 420.)
We review the jurisdictional findings even though the juvenile court terminated jurisdiction and ordered a program of informal supervision pursuant to section 360, subdivision (b). (See In re Adam D. (2010) 183 Cal.App.4th 1250, 1260-1261.)
B. Analysis
Ample evidence supports the juvenile court's finding that mother and father were unable to provide Justin with appropriate care and supervision due to his mental and emotional problems that endangered his physical health and safety and placed him at risk of serious physical harm. Mother admitted that Justin had had mental health issues since he was in grade school. Father admitted that from 2012 to 2017, when Justin lived with him and Daphne, law enforcement had to be called on multiple occasions because he had threatened to kill Daphne. Yet, father did not obtain any medication for Justin during that time.
Moreover, Justin had had suicidal ideation since at least 2016. Mother disclosed that he would harm himself by punching himself on the face and cutting his arms with keys. He also threatened people at school. While he had been prescribed medication, mother admitted that Justin did not like to take it since it made him sleepy. And, despite the doctor's prior recommendation that Justin receive additional therapy, mother had not sought it out for him.
Particularly concerning was the fact that Justin had stated that he wanted to die, but mother and father did not believe their son was suicidal. They believed that he was just seeking attention, even though they knew that he suffered from a host of mental health disorders, including, but not limited to, PTSD, anxiety, autism. And they did not believe he was suicidal even after he took mother's keys into the bathroom and, when he left the bathroom, he had lines on his arms and admitted that he was trying to cut his arms with the keys.
Notably, when the social worker first went to mother's home, she heard Justin yelling "'[H]elp me, help me.'" Instead of demonstrating concern, mother accused Justin of "acting out again." At that time, Justin told the social worker that he wanted to kill himself, that no one understood or believed him, and that he had asked his parents for help.
On that same occasion, when the social worker called the PET team for assistance, mother pleaded with the social worker to cancel the call, claiming that Justin was not a threat to himself or others. Rather than being concerned about Justin's threats to harm himself or others, mother was concerned about the cost of having Justin transported by ambulance and then hospitalized. Even after Justin was hospitalized, when it was determined that his suicide risk was high, mother seemed only concerned about the cost of Justin's hospitalization, rather than his mental health needs and his suicidal ideation.
Mother also minimized Justin's mental health problems after his hospitalization. On November 28, 2018, she claimed that he was doing well. And in December 2018, mother claimed that Justin had not had a meltdown since the social worker's home visit, even though DCFS later discovered that he had had a meltdown in his doctor's office. Even during her testimony at the adjudication hearing, mother continued to minimize Justin's mental health issues. She claimed that he had had suicidal ideations once or twice in over a year and that he did not really mean to harm himself. However, mother had previously admitted to the dependency investigator that prior to his October 2018 hospitalization, Justin had had meltdowns two to three times a month and that he would physically self-harm. A parent's failure to acknowledge a problem may support a court's determination of risk under section 300. (In re A.F. (2016) 3 Cal.App.5th 283, 293.) "One cannot correct a problem one fails to acknowledge." (In re Gabriel K. (2012) 203 Cal.App.4th 188, 197.) It follows that we reject mother's contention that there was no evidence that at the time of the adjudication hearing, mother and father were unable to adequately supervise or protect Justin.
While it is commendable that mother began to participate in services to better understand her son's mental health needs, she only did so after DCFS got involved with this family. Thus, the juvenile court's jurisdictional findings were reasonable and well-founded in fact. And, its order terminating jurisdiction pursuant to section 360, subdivision (b), was a measured approach to protect Justin without unduly interfering in the family unit.
DISPOSITION
The juvenile court's jurisdictional findings are affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.
/s/_________, J.
ASHMANN-GERST We concur: /s/_________, P. J.
LUI /s/_________, J.
CHAVEZ