Los Angeles County Department of Public Social Services v. Beverly M.

Opinion

WOODS (N. F.), J.* I

Facts

On August 7, 1985, the juvenile court petition of the department of public social services was heard before juvenile court Referee A. Q. Hyman, Judge Pro Tem. of the Los Angeles County Superior Court. The minor children, V. M. and K. M. (ages 16 and 6, respectively) were declared dependent children of the court under Welfare and Institutions Code section 300 on the ground that, on “numerous occasions” over the preceding nine years, V. had been sexually molested by Timothy M., who is the stepfather of V. and the [755]natural father of K. The minors were returned to the home of their mother (appellant herein), Beverly M., under the supervision of the department of public social services.

On December 23, 1985, before Juvenile Court Referee A. Q. Hyman, a six-month status-review hearing required by rule 1378 of the California Rules of Court and Welfare and Institutions Code section 366.2 was held.

The court made its order as follows: “Conditions still exist which would justify initial assumption of jurisdiction under section 300 WIC.”

The court, in retaining dependency jurisdiction over V. and K., further required that V. and appellant continue to participate in counseling.

The only evidence admitted at the December 23 judicial review hearing appears to have been a report prepared on behalf of the respondent, the County of Los Angeles Department of Public Social Services, by the assigned children’s service worker, one Bertha S. Derman.

After noting that appellant and Timothy M. (stepfather/father) were separated, and that Timothy M.’s only contacts with the children over the last 10 months had been by telephone, the report then stated: “The breakup of this family had a profound emotional and financial impact upon all____”

The report stated that the family had moved to California from Michigan some four years earlier and that appellant and the children, with court approval, had moved back to Michigan in September 1985. Appellant and the children were staying with a family friend until appellant received her California income tax refund, which had been mistakenly mailed to her former address in California. With the proceeds of the refund, appellant hoped to establish her own home. She was going to school and hoped soon to obtain employment as a paralegal. The children were in school, doing “exceptionally well.”