Santa Clara County Social Services Agency - Bay Area Academybayareaacademy.org/wp-content/uploads/2016/01/Sample-Juris-Repor… · San Jose, California 95110 (408) 369-4013 C182 Jennifer

Confidential in accordance with Penal Code Section 11167.5 and/or WIC Sections 827 and 10850.

Jurisdiction/Disposition Report 01/28/2002

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Santa Clara County Social Services Agency / Norma Doctor Sparks, Director 1725 Technology Drive San Jose, California 95110 (408) 369-4013 C182 Jennifer Hubbs DFCS No. 0C0000

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA

115 Terraine Street, San Jose, California 95110

JURISDICTION/ DISPOSITION REPORT Hearing Date Hearing Time Dept./Room Hearing Type/Subtype 01/28/2002 08:30am D-67 Jurisdiction/Disposition

IN THE MATTER OF

Name Date of Birth Age Sex Court Number Ernestina O 10/09/2000 1 F JD

SUMMARY RECOMMENDATION

This worker respectfully recommends that the petitions be sustained, and that Ernestina be found to

come within the provisions and descriptions of Welfare and Institutions code section 300 (b). This

worker further recommends that Ernestina be placed out of the home, and that both parents receive

Family Reunification Services. CHILD’S WHEREABOUTS

Ernestina remains in an Emergency Satellite Home (ESH) licensed through Santa Clara County since

12/31/01.

Ernestina O JD


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PARENTS/LEGAL GUARDIANS

Name/ Birthdate

Address/ Phone

Relationship/ To Whom

Stella C 05/28/1981

Harmon Ave #2A San Jose, CA 95126 (408)

Mother/ Ernestina

Ernest O 07/20/1971

Everdale Dr. San Jose, CA 95148 CA

Father/ Ernestina

ATTORNEYS Name Address/

Phone Representing

Family Legal Advocates 31 N Second St. #335 San Jose, CA 95113 408-995-0442

Ernest O

Office of Dependency Counsel 31 N Second St. #330 San Jose, CA 95113 408-995-0687

Stella C

District Attorney 225 W Julian St. San Jose, CA 95110 408-299-2203

Ernestina O

INDIAN CHILD WELFARE ACT STATUS On 1/2/02, this worker asked the mother if she had any Native American or Eskimo Heritage, and she

stated “No.”

On 1/2/02, this worker asked the father if he had any Native American or Eskimo heritage and he

reported that he has Apache in his background.

Ernestina O JD


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Based on this information, Notice has been sent to the following tribes (please see attached

documentation):

Tribe Date of Delivery per receipt

Response - Eligible? Yes/No

Comment

Apache Tribe of Oaklahoma White Mountain Apache Tribal Council Yavapai-Apache Community Council Tonto Apache Tribal Council Jicarilla Apache Nation Mescalero Apache Tribe Fort Sill Apache Tribe of Oklahoma Bureau of Indian Affairs REASON FOR HEARING

This case appears on today’s calendar for a Jurisdictional/Dispositional Hearing. A copy of the 1st

amended petition is attached hereto. PATERNITY/LEGAL RELATIONSHIPS

At the Initial Hearing on 1/4/02, the Court conducted a paternity hearing and found Mr. O to be the

legal father of Ernestina. FAMILY LAW STATUS

There is no known Family Law history. PRIOR CHILD WELFARE HISTORY

There are two prior referrals regarding Ernestina:

5/10/01 –general neglect

A report was made that Ernestina, age 7 months, is considered medically fragile and the mother has

missed multiple important medical appointments.

Ernestina O JD


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An Emergency Response (ER) Social Worker assessed the situation, making contact with the family

and various medical professionals. The ER Social Worker met with the mother and the paternal

grandmother, who stated that bus passes sent to the mother had been “intercepted” by other family

members. The mother and grandmother were “briefed” on the “legal parental responsibilities” to

seek medical attention for the child. The mother was also advised of possible Court intervention.

The ER Social Worker also spoke to the maternal grandmother, who advised him she was going to

have the mother move in with her instead of with the paternal grandmother. She indicated that there

was a drug “ambiance” at the other home, and that she would be better able to help the mother get

Ernestina to her medical appointments.

At a subsequent follow up visit, the mother and child were living with the maternal grandmother, and

both stated a priority making sure Ernestina made it to her appointments. Mother had continued

support from VMC and PHN Social Workers. The case was closed.

1/26/01 – general neglect

Referent called to report concern for 3-month-old Ernestina who had not been brought to four

medical appointments (12/14/00, 12/29/00, 1/4/01, and 1/26/01). Failure to follow up with medical

treatment could place the child at serious risk of physical harm due to her hypothyroidism.

An ER Social Worker made an unannounced home visit, meeting with the mother and the maternal

grandmother. The child was current on her immunizations, and mother admitted she missed a

Thyroid appointment due to the child having a “cold.”

Ernestina O JD


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The ER Social Worker made a follow up visit, and met with the father and the mother. She

confirmed the Thyroid specialist appointment had been rescheduled. The mother was provided with

bus passes for February and March to assist with making it to appointments.

The mother had extended family support. The case was closed. CRIMINAL HISTORY

Criminal history for the mother, Stella C, is as follows:

Date: Charge: Disposition:

7/15/2001 HS 11357 (B) possession of marijuana charges pending

**** warrant issued 8/30/2001

Criminal history for the father, Ernest O, is as follows:

Date: Charge: Disposition: 4/16/2001 HS 11550(B) use/under infl of controlled sub convicted (M) 4/7/2000 HS 11377 possession controlled substance convicted (F) HS 11550(A) use/under infl of controlled sub convicted (M) 3/16/98 HS 11550 use/under infl of controlled sub convicted (M) 3/5/98 VC 23152(B) driving under the influence dismissed lack suff evidence HS 11550 use/under infl of controlled sub dismissed lack suff evidence 9/6/97 VC 40508(A) failure to appear convicted (M) 5/5/97 MC 9.10.800 non-compliance for solid waste convicted (M) 1/5/96 VC 14601.1(A) driving without a license convicted (M) 7/17/95 PC 602(o) trespass on closed lands convicted (M) 6/10/95 MC 10.20.140(A) Loiter in parking lot dismissed interest of justice 1/16/94 PC 496 receive known stolen property prior booking (F) VC 14601.1(A) prior booking (M)

Ernestina O JD


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9/11/93 PC 647(F) public drunk prior booking VC 40508(A) failure to appear convicted (M) VC 40508(B) failure to pay fine convicted (M) 5/30/93 PC 647(F) public drunk convicted (M) 2/20/93 PC 459/460(B) burglary, first /second degree dismissed view of plea PC 496 receive known stolen property convicted (F) PC 602(L) trespass/occupy w/o owner consent previously convicted VC 40508(B) failure to pay fine traffic – non report disp JURISDICTION

Allegation b-1 b-1 On 12/31/01, San Jose Police Officers placed the child, Ernestina O, age 14 months, in

protective custody pursuant to a protective custody warrant issued because of severe medical neglect while in the care of her mother, Stella C;

Supporting Evidence

Attached and considered part of this report is San Jose Police Department (SJPD) Juvenile Contact

Report (JCR) dated 12/31/01, case number 00-000-0000, completed by officer Melliken (Badge #

3591). The JCR indicates that Ernestina was placed in protective custody pursuant to a protective

custody warrant issued by the Juvenile Court. Ernestina was located at the home of the maternal

grandmother. Also present were the maternal grandmother, Ms. G, and her boyfriend, Mr. F, as well

as their two children. The SJPD officers arrested Ms. G and Mr. F due to outstanding warrants, and

their children were placed in protective custody as well as Ernestina.

Attached and considered part of this report is a copy of the signed proof of the protective custody

warrant for Ernestina. Allegations b-2 through b-3 b-2 further, the mother has failed to recognize the serious nature of her child’s medical

condition and has not followed through with essential medical appointments for the child, despite telephone reminders and multiple efforts by the hospital social worker to provide transportation;

Ernestina O JD


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b-3 further, the child suffers from congenital hypothyroidism, which is a low thyroid hormone level, a condition that requires daily medication, frequent follow-up doctor visits and medical testing. If left untreated, the child is at risk of significant medical complications. The child has already developed complications such as failure to thrive, microcephaly, and developmental delays because of the mother’s inability to provide appropriate care;

Supporting Evidence

Attached and considered part of this report is the Investigative Narrative completed by ER Social

Worker, Ms. W. The ER Social Worker indicates that she had contact with several members of

Ernestina’s treatment team, all of who expressed concern about the mother’s failure to provide

appropriate medical treatment for the child. The treatment team expressed concern that they had tried

to engage the extended family members (maternal and paternal) with the necessary care for Ernestina

as well, to no avail.

The ER Social Worker obtained written statements from most of the treatment team, and the letters

are attached and considered part of this report. The letters are summarized as follows:

A. Dr. Antonia Z – pediatrician. Dr. Z indicates that Ernestina suffers from Hypothyroidism,

which is “a very serious disease that requires daily medication, frequent follow-up doctor

visits and blood draws to check thyroid levels.” Dr. Z stated, “I am concerned about

Ernestina’s mother’s ability to care for her.” The mother “failed to show up for six visits”

with Dr. Z, as well as “multiple other appointments at specialty clinics.” According to Dr.

Z, “Ernestina is currently failure to thrive, based on my last examination of her on

September 27, 2001, since her mother has missed subsequent follow-up appointments

with me.” Furthermore, “Ernestina is growing below the 5th percentile and currently

exhibits signs of developmental delay.” Dr. Z writes, “I have discussed several times with

Ernestina’s mother the importance of keeping regular appointments as well as the

specialty clinic appointments to help ensure her adequate growth and development.

Despite daily involvement with a public health nurse and assistance by the endocrinology

Ernestina O JD


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social worker, it is my opinion that Ernestina’s mother has not been able to adequately

provide appropriate stimulation and sustenance for optimal growth and development.”

B. Dr. Bruce B – Endocrinology specialist – Dr. B expresses concern in his letter about the

mother missing appointments for Ernestina, as well as her current and preferable TSH and

T4 levels. Dr. B writes, “It is extremely important that thyroid hormone levels be

maintained in a normal range for normal neurological development.” This is critical as

“the brain is dependent upon thyroid hormone for normal growth, particularly during the

first 2-3 years.” Dr. B further states that when the mother has come to visits she has

presented with symptoms of her own consistent with being “profoundly hyperthyroid” and

she was referred to an adult endocrinologist. He indicates the mother had a T3 level of

776 on 10/11/01, when normal is “up to 200.”

C. Ms. W, MSW- Pediatric Specialty Clinic Social Worker at Valley Medical Center –

Ms. W writes, “Ernestina failed to show for 14 medical specialty visits since March 12,

2001.” Specifically, the mother made it to three of eight scheduled endocrinology visits.

Ms. W states, “I provided her (the mother) taxi vouchers, sent taxis to her home, gave her

bus passes, mailed bus passes to her home.” In addition she called many times (“when

phone not disconnected”) to reminded the mother (Stella C), the paternal grandmother

(Lucille D) and the maternal grandmother (Sandra G) of medical appointments, educating

them regard the importance of appointment to the welfare of Ernestina. Ms. W also

expressed concern that the mother would arrive “without diaper supplies and with food on

Ernestina’s face and in her hair. Stella herself sometimes appeared dirty and illkept.”

Besides the mother’s own symptoms of being ill (“very thin, bony, sweaty, with droopy

eyelids and labored breathing), Ms. W indicates that the mother has “having a hard time

tracking or focusing seriously.” Ms. W writes, “Her appearance and behavior led me to

question her competency to care for Ernestina.” Furthermore, she expressed concern for

Ernestina O JD


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the mother’s judgment, as the mother “always seemed to think that Ernestina was just fine

and very smart.”

D. Kristy N, LCSW – Social Worker III with the Public Health Department - Ms. N writes

that she has been working with the family along with Public Health Nurse, Charis S. The

family was referred to her because of non-compliance of the mother with her own medical

treatment, as well as the need to provide the family with practical assistance such as

housing, food, room and board, etc. Ms. N indicates, “I have provided transportation and

assistance for Stella to her medical appointments, SSI office, DMV for a photo ID, Birth

Record’s office for birth certificates, etc.” According to Ms. N, “These appointments

were only completed due to me calling to remind her, wake her up, and drive her to

appointments, in hopes that her medical condition would be stabilized and she would be

able to seek her own medical care and adequately care for her child.” Ms. N expressed

concern that the mother has her own medical issues (“extremely fatigued, breathes

heavily, and has a large goiter on her neck”) as well as being difficult to arouse, and often

being asleep at one or two o’clock in the afternoon. The mother, “forgets almost all of her

medical appointments and loses paperwork needed for these appointments.” Furthermore,

“Without assistance, I do not believe that she could follow through on her own with

Ernestina’s or her own medical appointments.” The mother “frequently” leaves the child

with the maternal grandmother, who is “very difficult to work with.” She refused to

provide information, refused to allow the professionals into the house, etc. On at least one

occasion, she was “threatening and intimidating,” after which Ms. N did not return to the

home. During the times she was there, she observed the home to be “always in disarray

with clothing, papers, and food containers scattered throughout with scarcely any floor

space cleared.” Ms. N indicates that she was concerned about the mother’s ability to

follow through on appointments, which “compromises her ability to care for Ernestina.”

Ernestina O JD


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E. Charis S – Public Health Nurse (PHN) – Ms. S indicates in her letter that she became

involved with the family in January of 2001 due to concerns about the mother’s lack of

compliance with Ernestina’s medical appointments, especially the endocrinology

appointments. The PHN indicates that when there was no phone, she or someone on her

staff would go to the home personally to try to engage the mother. Ms. S indicates that

the mother suffers from her own condition, which “appeared to be interfering with her

judgment.” Ms. S also indicates that the mother did not have much support from the

extended family members during this time. When the mother moved to the home of the

maternal grandmother, things did not improve as the maternal grandmother interfered with

several of the key people trying to help the mother. Ernestina continued to show

symptoms such as poor muscle tone and being “well below fifth percentile for height and

weight.”

F. Dr. Patrick C – Center for Child Protection- Dr. C reviewed Ernestina’s case and

indicates that Ernestina was born premature due to complications from maternal

hyperthyroidism and incomplete prenatal care. She continues to exhibit hypothyroidism,

which can lead to “profound mental retardation,” as well as other concerns. According to

Dr. C, “To date, Ernestina’s mother has not been able to bring her to the medical

appointments with enough regularity to provide her with proper care.” Furthermore, “The

lack of compliance with the recommended medical care and monitoring poses a clear and

imminent danger to Ernestin(a).” In addition, “Ms. C’s inability to meet with

Ernestin(a)’s medical needs clearly constitutes medical neglect.”

During an interview with the mother on 1/2/02 via telephone, Ms. C stated, “When I was making

appointments they gave me the runaround with the doctors due to Medical (insurance).” She further

stated that she was never sent any appointment reminders.

Ernestina O JD


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On 1/8/02, this worker interviewed the mother at the Union Ave. office of the Department of Family

and Children’s Services (DFCS). She denied that she was sent reminders for her appointments, or for

Ernestina’s. She stated that Dr. Z, Ernestina’s pediatrician, has been “giving me problems since the

beginning. She’s been on my ass.” The mother stated that some of the appointments were missed

because there were appointments with both doctors at the same time. She stated that some of the 14

appointments missed must be confused with her own.

Allegations b-4 b-4 further, the mother has a substance abuse problem which interferes with her ability to

provide a safe and stable living environment for her child; further, the mother has an active warrant for her arrest relating to a 7/15/01 arrest for HS 11357 (B) possession of marijuana;

Supporting Evidence

Please see previous section titled Criminal History for details regarding the mother’s warrant.

Attached and considered part of this report is a Voluntary drug test result dated 1/4/02 for Ms. C.

The results indicate that Ms. C tested positive for PCP and Marijuana. Also attached and considered

part of this report is the confirmation results for this specimen.

On 1/4/02, this worker discussed the mother’s positive results with her, and she stated that she had

not used PCP for the last 6 months. She admitted that she used marijuana within the last week.

On 1/8/02, this worker interviewed the mother at the Union Ave. office. The mother stated that she

wants a program to help her with her substance abuse problem. In reviewing the allegations

regarding her substance abuse issue, she admits that using drugs have contributed to her inability to

provide necessary and appropriate medical care.

Ernestina O JD


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Attached and considered part of this report is the substance abuse assessment for Ms. C, completed

on 1/14/02 by Ms. Donna B. The mother told Ms. B that she began using alcohol at 12 years old,

marijuana at 13 years old, PCP at 14 years old, and amphetamines from age 15 to 17 years old. She

admitted to using Marijuana on New Years Eve and to using PCP “one month ago.” She was referred

to Blossoms Intensive Outpatient treatment program. It is important to note that during her

assessment, Ms. C denied she had a drug problem.

Allegation b-5 b- further, the father has been advised of the mother’s failure to meet the child’s medical

needs, but has been unable ameliorate the situation; Supporting Evidence

The ER Social Worker contacted the father during the previous referral (1/26/01) – See previous

section titled Prior Child Welfare History for details.

On 01/10/02, this worker spoke to Social Worker Susan W via telephone. Ms. W indicated that she

did not have very much contact with Mr. O, but the Public Health Nurse did have some. She stated

that she knows the PHN advised Mr. O of appointments that Ernestina would then not show up for.

Mr. O was also advised of the concerns about the severity of the illness of both the mother and the

child. Ms. W stated that Mr. O did not participate in Ernestina’s medical care, and he did not attend

medical appointments with the child.

Ernestina O JD


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Allegation b-6 b-6 further, the father has a history of felony and misdemeanor convictions for charges

including but not limited to battery with serious bodily injury, false identification to peace officer, burglary (first degree), trespass/occupy property without owner consent, receive known stolen property, use/under the influence controlled substance, and possession of controlled substance. He was most recently released from jail in October of 2001 after being convicted for under the influence of PCP;

Supporting Evidence

Please refer to prior section titled Criminal History for details regarding the arrests and convictions

for Mr. O, who has 12 misdemeanor and three felony convictions.

During a telephone interview with the father on 1/2/02, Mr. O admitted that he has a criminal history

related to drugs. He stated that the last time he was arrested was “last year.” He stated that he was

released from Elmwood in October. He denied being on probation at this time.

Allegation b-7 b-7 further, the father has a history of substance abuse, which contributes to his inability to

provide a safe and stable living environment for the child; Supporting Evidence

During a telephone interview with the father on 1/2/02, Mr. O stated that he has a history of

substance abuse. He stated that his drug of choice was PCP, however he stated he has not used PCP

since he was last arrested. Mr. O stated that he did a drug treatment program while he was

incarcerated at Elmwood, but admitted that he is still using marijuana. Mr. O stated that his last

marijuana use was “a few days ago.”

Attached and considered part of this report is a voluntary drug test, dated 1/4/02, which indicated that

Mr. O tested positive for marijuana.

Ernestina O JD


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On 1/23/02, during a telephone conversation with this worker, Mr. O admitted he had continued to

use marijuana up to, and including, “last week.” Mr. O was eager to begin his drug treatment

program, and wanted to remain clean and sober. He stated that he understood how important it was

to be honest about his substance abuse issue.

On 1/8/02, this worker interviewed the mother at the Union Ave. office of DFCS. The mother stated

that she believes the father has a substance abuse problem, “but he won’t go to a program unless you

tell him to.” The mother indicated that Mr. O uses marijuana and PCP, as well as alcohol sometimes.

Attached and considered part of this report is the substance abuse assessment for Mr. O, dated

1/14/02, completed by Ms. Donna B. Mr. O told Ms. B that he has been using alcohol and marijuana

since age 14. He has been using PCP for about 14 years, with his last use “a couple of weeks ago.”

He has been recommended for outpatient treatment as he “appears willing and motivated to make

changes that will help him remain clean.”

DISPOSITION Social Study/Family Assessment

Problems Requiring Intervention and Possible Causes:

Both the mother and the child have severe medical conditions that need constant monitoring

and treatment. In addition, both parents have substance abuse issues that need to be treated.

The mother has a warrant for her arrest, and the father has a significant criminal history.

Relevant Social, Cultural, and Physical Factors:

Psychosocial history of the mother:

Stella Flore C is a Hispanic woman who was born on May 28, 1981 at Santa Clara Valley

Medical Center, in San Jose, CA. Her mother, Sandra G, and her father, Jerry C, were both 17

years old at the time of her birth. She was a depended of the Court herself from 1992 until

Ernestina O JD


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1998. Primarily her maternal grandmother raised her, although she returned to her mother’s

care as an out of control teenager. Her biological father is in jail serving a 25-year sentence.

The mother reports that she has had no other illnesses or injuries in her life besides the

hyperthyroidism. She attended school until the 10th grade, at which time she “just stopped.”

She has never worked, and is not receiving any financial aid although she has applied for SSI.

The mother states that she has known Mr. O, Ernestina’s father, for about 5 years, and they

have been “together” for about two years. Eventually she and Mr. O plan on getting married.

Psychosocial history of the father:

This worker has not met with the father as of this writing, other than the initial meeting on the

day of the Detention Hearing. Mr. O did not return this worker’s message to schedule an

appointment until 1/22/02. Mr. O indicated he had been ill for a while, and unable to visit

Ernestina or to make an appointment with this worker. It is important to note that an office

appointment has been scheduled for 1/25/02, and Mr. O has already followed through on

referrals provided to him. Any additional information obtain by this worker will be forwarded

to the Court as soon as possible.

Family Strengths:

There are many strengths in this family. The mother and father have stated clearly that they

love their child, and are willing to work with DFCS in order to do whatever it takes to have her

returned to them. Both parents have been open and honest with the substance abuse assessor,

and have appropriate treatment programs already established. Despite her own issues, the

mother did manage to get Ernestina to at least some of her medical appointments. Both sides

of the extended family state they love Ernestina, and want what is best for her.

Ernestina O JD


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Family’s Perception of Their Needs:

The mother has stated several times to this worker that she is looking at this reunification

period as a chance to get her own medical needs taken care of, as well as her substance abuse

problem. She has already started her own treatment, and is following through on most of the

referrals provided to her.

As of this writing, the father has not met with this worker, and there is no available statement.

He has made it clear during telephone conversations with this worker that he and the mother

need to work out some of their issues so that Ernestina can come back to live with them.

Child Regarding: Ernestina

Medical:

Ernestina was born at 30 weeks gestation. She was born on 10/9/00, when her due date was

12/15/00. She was in the Neonatal Intensive Care Unit at Good Samaritan Hospital from birth

until 11/28/00. Her admitting diagnosis was respiratory distress, possible sepsis, and

prematurity. She was not anemic or septic, however she was micro cephalic. In addition, she

had hyperbilirubinemia (elevated bilirubin level), hypothyroidism (low thyroid level), and

dysmorphology (short fingers, short neck, pedal edema, microcephaly, and widely spaced

nipples). Currently, Ernestina is 14 months old. She weighs approximately 16 pounds, and

she is 27 ¼ inches tall. She is below the 5th percentile for her age in both categories. She has

one tooth.

When Ernestina was discharged, she was to see her pediatrician within one week, an

Endocrinologist (Dr. B) within three weeks, and a genetics consultation as soon as possible.

Ernestina O JD


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Attached and considered part of this report is the Discharge Summary from Good Samaritan

Hospital dated 11/28/00.

Ernestina needs to be seen by the following specialists:

1. Endocrinologist for Hypothyroidism

2. Genetics specialist for “Irregular Facies”

3. Audiology and Ear, Nose, and Throat due to frequent ear infections

4. Developmental Specialist due to her ex-premie status and developmental concerns

5. Early Start due to Developmental concerns

6. A Pediatrician for ongoing basic medical needs

Ernestina needs to have regular blood tests to monitor her thyroid condition, and she needs a

CAT scan due to having an odd shaped head. Developmental:

Developmentally, Ernestina is experiencing significant delays in most areas. She is not

walking yet, and does not stand alone. She does crawl. She is not communicating with words

yet, although she maintains eye contact well. Attached and considered part of this report is the

Denver Developmental assessment, completed by Public Health Nurse Teresa F, dated 1/8/02. Educational:

Ernestina is too young for this section to apply, although she is eligible for Early Start services

due to her special needs. The mother previously accessed early Start services, and this worker

is in the process of re-instating them. Ernestina will need IEP services when she becomes

school age due to her special medical and developmental needs. The mother holds the

educational rights for the child.

Ernestina O JD


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Mental & Emotional Status:

Ernestina is a sweet child, who goes easily to new people to be held. Therapy is not

recommended for her at this time due to her age and developmental issues. However, this

worker has applied for Victim Witness funds for Ernestina, and her claim is pending.

Child’s Safety In Home

The child is not safe in the care of her mother and father due to the serious medical needs that she has

and her parents in ability to meet those needs due to their substance abuse. There is no reasonable

means by which the child could be maintained safely in the home.

Consideration Of Relative Placements

Maternal grandmother, Sandra G, contacted this worker and requested that she be considered as a

placement for Ernestina. Ms. G indicated that she had been the primary caretaker for Ernestina for

the last several months. This worker advised Ms. G that there were several reasons she could not be a

placement for Ernestina. They are as follows:

1. Ms. G has a criminal and child welfare history, which precludes her from meeting State

adoption guidelines, a requirement for concurrent planning.

2. Ms. G has her own current child welfare issue, as her own children were placed in protective

custody on the day that Ernestina was.

3. Ms. G has current criminal charges pending after an altercation with her child’s teacher.

4. Ms. G indicates that she was the caretaker for the child a lot during the last six months or

more, during the time the child consistently missed her medical appointments.

5. Ms. G has failed to cooperate with medical professionals on Ernestina’s treatment team.

The paternal grandmother, Lucille D, has also been considered for a relative placement. Ms. D has

been involved with Ernestina and her mother since birth. She appears to be one of the main support

people for the mother, and the mother is involved with other extended family members too. Ms. D

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has indicated that she is supportive of Court intervention, supportive of reunification, willing to

follow all Court orders, and also willing to be a concurrent planning home. She has participated in a

relative assessment, and has been deemed an appropriate placement for Ernestina. During visits with

Ernestina, the paternal grandmother is loving and attentive, and often supportive and/or corrective of

the mother’s actions.

This worker does have a few concerns. Ms. D tends to minimize the parents’ issues, especially the

father’s. She has also been fairly unstable with her living arrangements, having been evicted from

her last home in San Jose, then living with her mother in Sacramento, then coming back here. She

has only been in her new apartment for about one or two weeks. This worker is also concerned that

she states she did not know the mother was not following through with medical appointments,

however she was contacted by DFCS and hospital staff of the situation on more than one occasion.

She is a very nice person, who states she has no problem calling the police if something with the

parents goes wrong, however she was present when the father physically abused his 11-year-old niece

and she did nothing but tell him to “stop it.” Moreover, she asked the niece not to call the police on

the father, and this was documented in the police report.

This worker has an additional concern, which is that Ms. D forgot when our appointment to meet

was, so she called to confirm the time. However, then she showed up approximately 20 minutes late

to our appointment. Considering the high number of critical medical appointments Ernestina needs,

this is a concern.

The grandmother has one old misdemeanor conviction on her criminal history, which requires a

Director’s Exception. However, given the above concerns, this worker recommends further

assessment and stabilization of the family prior to placing the child with the paternal grandmother.

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Out Of Home Placement Regarding: Ernestina

Current Placement:

Ernestina’s placement is both necessary and appropriate. She is in an ESH foster home, and

she is adjusting well. The foster mother is ensuring that Ernestina make it to all of her medical

appointments, and visitations. The child is eating and sleeping, and she responds to the

soothing of the foster parent. She is getting along with the other children in the home. Sibling Placement: Ernestina has no siblings. Independent Living Plan Services:

Independent Living Plan Services are not appropriate at this time as Ernestina is an infant and

not eligible for services. Visitation

The visitation order from the Initial Hearing is a minimum of one time per week for two hours,

supervised. Home Supervision Social Worker Mary Bardell Mainville is currently supervising visits

at the Union Ave. office of DFCS.

The mother has consistently attended all visits with Ernestina, usually arriving early so she can

request voluntary drug testing. The paternal grandmother has accompanied her for all but one of the

visits. On 1/18/02, the mother advised this worker that she would be starting her radiation treatment

for her thyroid condition, and she would be unable to be around any people, especially children, for at

least 10 days.

Ernestina O JD


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As of this writing, the father has only attended the first supervised visit with Ernestina, which was

held the same day as the Initial Hearing. It should be noted that he arrived ½ hour late for that visit,

choosing to come by bus while the mother was transported by the paternal grandmother. The mother

advised this worker that Mr. O was “sick” and unable to attend the next visit (1/11/02), and he was

attending his outpatient treatment program during the visit on 1/18/02.

On 1/23/02, Mr. O stated he would be present at the visit on 1/25/02.

The plan for step-down visitation for this family is to start with observed visits with Home

Supervision or Clover House while the parents engage in the appropriate treatment. The Department

will consider alternatives to this level of visitation in the future, such as supervision by an appropriate

relative.

Reasonable Efforts

This worker has made the following reasonable efforts since the case was assigned:

1. In person interview with the mother

2. In person interview of paternal grandmother, Lucille D

3. Telephone interview of maternal grandmother, Sandra G

4. Collateral contact with Ernestina’s medical team

5. Observed supervised visit with mother and paternal grandmother

6. Arranged appointment for parents to received Substance Abuse Assessment

7. Provided parents for referrals for parenting, substance abuse, and domestic violence treatment

8. Arranged supervised visitation

9. Arranged voluntary drug testing

10. Provided bus passes for both parents

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Referral to Child Support Services

Pursuant to Welfare and Institutions Code section 17552 the undersigned social worker has

determined that it is in the child’s best interest to not make a referral to the Department of Child

Support Services (DCSS) for reimbursement of foster care costs, and the undersigned social worker

has notified DCSS accordingly.

Parents’ cooperation since Initial Hearing:

The mother has attended all visitations with Ernestina, as well as all office appointments with this

worker. She made and kept a medical appointment for herself, and has begun the necessary treatment

for her hyperthyroidism. She attended her scheduled substance abuse assessment, and plans to begin

her outpatient treatment program when her medical doctor clears her to be around people again. As

of this writing, she has not taken care of the warrant for her arrest, but states that she plans to do so.

The father kept his scheduled substance abuse assessment, and followed through on the subsequent

treatment recommendations. He has started outpatient treatment at West Valley Stride, and his intake

appointment was 1/18/02 at 10:30 a.m. Confirmation of the intake appointment is attached and

considered part of this report. Concurrent Planning

On 1/8/02, this worker advised the mother of her right to relinquish the child for adoption if an

adoption agency is willing to accept her relinquishment. The mother declined to exercise this right.

This worker has discussed concurrent planning with the mother since the case was assigned. In

addition, this worker discussed concurrent planning with all relatives requesting to be considered for

placement of Ernestina.

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Assessment/Evaluation

Appearing before the Court for a Jurisdictional/Dispositional hearing is Ernestina O, along with her

mother, Stella C, and her father, Ernest O. This is the first time Ernestina has been before the Court,

and she does not have any siblings.

As mentioned previously in this report, this family does have strengths. It is very obvious that

Ernestina is loved by all of her family members, especially by her parents. Ms. C has already started

working on her own medical issues, and has followed through on referrals provided by this worker,

including her alcohol and drug assessment. She plans to take care of her warrant, and enter drug

treatment, as soon as she is medically able. Mr. O has stated clearly that he wants to participate in

Ernestina’s life, and he has also promptly followed up on his referrals. He has already started

treatment for his substance abuse issue, and has been honest with this worker about his continued

drug use. Ernestina is a beautiful little girl who is sweet and easily smiles. She has adjusted well to

her foster home, and responds to the affection of her foster mother. She has started to blossom in the

foster home.

It will be important for this family to build on their strengths, as there are several issues that must be

addressed before the child can be safely returned to their care. It is this worker’s assessment that

Ernestina has not been receiving appropriate care or supervision for a very long time. There are

obviously many reasons for this, first and foremost being the mother’s own medical condition.

The mother has never really gotten the support she needs from her own family. She has never had

the chance to be taken care of appropriately, so she never learned how to take care of herself. In not

learning how to take care of herself, she has not been able to learn how to take care of her child. In

addition, her own medical condition leaves her with little or no energy to care for a special needs

child.

Ernestina O JD


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Added to the mother’s medical condition is the substance abuse issue. This problem only exacerbates

an already fragile condition. Substance abuse is a part of her family culture as well, considering this

is one of the issues for which her own mother lost custody of her and her siblings when they were

younger. The mother, unfortunately, has minimal insight into the extent of her problem, or the

impact of the substance abuse on her medical condition. Even more important is the impact on the

child.

Both parents come from a chaotic environment, as both of their families of origin have issues around

domestic violence. Although the parents deny domestic violence, and there are no police incidents

involving domestic violence between them, there are several red flags. Domestic violence is an area

in these parents’ lives that needs further assessment, and possible treatment. If this were not done

now, the risk to everyone’s emotional and physical safety in the future would be jeopardized.

In addition to his own family of origin issues, the father has grown up in neighborhood where gangs

and drugs are part of the normal “culture” as well. Mr. O has two different gang related tattoos –

“norte” and “NSJ.” The mother states that Mr. O is not in a gang, and never has been, but this worker

questions that, given the above information. Mr. O is going to have to do some major restructuring of

his thinking and planning process if he is going to stabilize his life, remain free from drugs, and

obtain stable employment and housing for his family.

Another issue that needs to be address by the parents is the relationship between the two of them.

They are giving themselves, each other, and this worker mixed messages about their intention to be

together or not. It is this worker’s assessment that they need to do some individual and eventually

some couples counseling to deal with this issue. The reason this is so important is because they need

to be able to parent Ernestina together or separately, but either way they need to work together as a

united team.

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This worker recommends a case plan for both parents that include a parenting class and substance

abuse treatment (including testing and NA/AA meetings) for both of them. This worker also

recommends a domestic violence assessment for each parent, and that they should follow all the

treatment recommendations. This worker also recommends a psychological evaluation for the

mother, as her medical condition may have caused some psychological and/or cognitive changes that

would qualify her for SSI benefits that have been previously denied to her. The psychological

evaluation was recommended by her medical team, as well as by Ms. B, who did her substance abuse

assessment.

Some of the mother’s services need to be staggered; otherwise she will be easily overwhelmed by

everything she must accomplish. First and foremost, the mother must address her medical needs,

then her substance abuse issues.

This worker has every expectation that if the parents will successfully complete the elements of their

case plan, they shall successfully reunify with Ernestina within the legal timeline.

Case Plan

The case plan is attached and considered part of this report. Attachments The attachments identified in this report are attached hereto and incorporated herein by this reference. Recommendation

Please see attached recommendations.

10/1/10 jh

Santa Clara County Social Services Agency - Bay Area Academybayareaacademy.org/wp-content/uploads/2016/01/Sample-Juris-Repor… · San Jose, California 95110 (408) 369-4013 C182 Jennifer

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