Ventura County Public Social Services Agency v. Michelle R.

Opinion

GILBERT, J. Here we hold that that a juvenile court order to initiate proceedings to free a minor from the custody and control of his parents [890](Welf. & Inst. Code, § 366.25;1 Civ. Code, § 232) is appealable. Nevertheless, we affirm the order from which Michelle R. appeals.

Facts

Lorenzo T. was bom August 21, 1984, while his mother Michelle R. was incarcerated in the Ventura School for Girls (Ventura School) for illegal dmg use. The father, Alex T., was serving a term on dmg-related charges in the California Youth Authority (CYA) at Chino. On August 27 the court ordered the infant detained in foster care pursuant to a Public Social Services Agency (PSSA) petition.

On October 1 Lorenzo T. was adjudicated a dependent child (§ 300, subds. (a) and (b)), his custody was removed from his parents and he was placed in a foster home under PSSA supervision. Dependency was continued at each review. A permanency planning hearing (§366.25, subd. (a)) was held January 6, 1986, because the mother’s sentence extended beyond the statutory 18-month period for reunification and there appeared to be no substantial probability Lorenzo T. could be placed in her custody.

Michelle R.’s history of illegal activities, including dmg and alcohol abuse, started at 13. She had been incarcerated ever since her son’s birth except for a brief interval following her release from Ventura School January 27, 1985. Within 15 days she was rearrested for being under the influence of a controlled substance (PCP). Her release from Ventura School was not anticipated before May 1986.

On return to Ventura School in July 1985 Michelle R. had biweekly hour long visits with Lorenzo T., with a one month interruption when he suffered a minor injury, and she interacted well with him. Michelle R. was unable to undertake a residential dmg treatment program while at Ventura School, but she participated in support services and was interested in reunification. PSSA, however, had no way to evaluate her ability to care for her son in an independent living situation. The antisocial behavior she exhibited before incarceration and during her release indicated it was unlikely she would be able to provide a healthy environment for him. Michelle R. testified she loved her son, hoped eventually to be able to take care of him, and requested visitation wherever he was placed.