L.A. Cty. Dep't of Children & Family Servs. v. Lula Mae S.

Opinion

FUKUTO, J. On August 30,1994, the Los Angeles County Department of Children and Family Services (DCFS), filed a petition pursuant to Welfare and Institutions Code section 300 (statutory references are to that code unless otherwise indicated) alleging that appellant Lula Mae S., mother of minor, Jamika W., had on numerous occasions left Jamika, then age nine, with various relatives without making provisions for her care and supervision. The petition also alleged that appellant had struck Jamika with a belt and cord, that appellant was a frequent user of cocaine and alcohol, and that appellant had failed to send Jamika to school on a regular basis. On August 31, 1994, following a detention hearing, Jamika was detained in the home of her adult half brother, Jimmy W.1

On November 23, 1994, the section 300 petition was sustained as to all allegations. Although she was given notice, appellant did not attend the hearing. The DCFS social worker’s report indicated that appellant was developmentally delayed and is addicted to cocaine and alcohol. Appellant has lived with various relatives most of her life and was unable to provide care for herself and Jamika without assistance. The cousin with whom appellant had been living and who reported Jamika’s situation to the DCFS, stated that she was left unattended and that appellant was sleeping in a car with a male friend she had known for only two weeks. The social worker also reported that Jimmy W. and his live-in companion appear to be providing very good care for Jamika. Jamika was declared to be a dependent of the court. It was ordered that she continue to reside with Jimmy W. Appellant was ordered to a parenting program and also to participate in a drug counseling program with random testing. It was ordered that appellant have monitored visits with Jamika.

The first six-month review hearing was held on May 31, 1995. Appellant was not present for the hearing although given notice. The social worker reported that appellant had not called or visited Jamika during the past period of supervision. Nor had she complied with court-ordered drug counseling or parenting education. The court ordered that appellant’s monitored visits were to continue. The court also reiterated its prior orders that appellant was to participate in a parent education program and drug counseling with random testing.

[1449]The second six-month review hearing was held on November 22, 1995. Appellant again did not attend, although noticed. The social worker reported that caretaker Jimmy W. had transported appellant for a visit with Jamika which “went adequately.” However, appellant had not initiated any other visits or telephone contact with Jamika. The social worker also reported that appellant had not complied with the court orders of drug counseling or parenting education. The court terminated reunification services and ordered that Jamika be provided permanent placement services. DCFS submitted a permanency planning/assessment report that recommended that Jimmy W. be appointed as Jamika’s guardian.