Monterey County Department of Social Services v. Marie P.

Opinion

BRAUER, J. Marie P. appeals from a permanency planning order which directed the Monterey County Department of Social Services to file a “free from custody” action under section 232, subdivision (a)(7) of the Civil Code,1 in regard to her three minor children. She raises various claims [1203]regarding the insufficiency of the showing to support the order. But as Marie R subsequently relinquished custody of her children voluntarily, we find her appeal to be moot and therefore dismiss it.

Background

On March 12, 1982, Marie R’s three children, Paula, Ruby, and Monica, ages eight and six years, and seven months, respectively, were taken into protective custody by the Salinas Police Department after Marie P.’s boyfriend was observed on a Salinas street corner hitting the eldest child with a belt. Marie P. was present at the time and made no effort to protect her daughter from the attack. Marie P. was arrested and it was discovered that she and the children had been living in a hotel room which had no heat and only minimal bedding. The children were ill-clothed and were often left unsupervised in the hotel room for long periods.

The children were placed in foster care where they remained throughout the entire reunification period, which stretched over three years. During this time Marie P. executed two service agreements with the department of social services, but failed to follow the terms, which included attending counseling sessions, parenting classes and meetings on alcohol abuse. She also failed to obtain adequate housing.

At a permanency hearing on March 20, 1984, the court ordered initiation of proceedings under section 232 to terminate Marie P.’s parental rights. After the petition was filed, Marie P. made some effort to attend parenting and alcoholism classes, and she completed a job training program. At a subsequent hearing on March 5, 1985, however, the court determined that her overall behavior did not demonstrate a willingness to change her lifestyle, and that it would be detrimental to the children to break the bond they had formed with their foster parents. The previous order was reaffirmed and the section 232 proceedings were resumed. On March 19, 1985, Marie P. filed this appeal from the March 5 order.

On the day of the custody trial, July 24, 1985, Marie P. and the foster parents entered into a stipulation in open court. Marie P. agreed to relinquish custody of her three children for adoption by the foster parents. They in turn agreed to allow her to visit the children on Thanksgiving, Christmas, Easter and on each child’s birthday. Marie P. was sworn and examined. She was fully aware of the effect of the voluntary relinquishment and the terms of the visitation agreement. A written stipulation, signed by all parties, was filed with the court and an order incorporating the stipulation was entered October 3, 1985. On October 8, 1985, the section 232 action was dismissed without prejudice.