Los Angeles County Department of Children & Family Services v. Darla B.

Opinion

VOGEL, (MIRIAM A.), J. After some reunification services were provided for Jean B., a dependent of the court, he was placed with his mother, Darla B. About a month later, Jean was abducted by his father, Patrick B. Three years later, with Jean still missing and Patrick still at large, the dependency court terminated jurisdiction—at the request of Patrick’s counsel and over the objection of Jean’s lawyer. The Los Angeles County Department of Children and Family Services (DCFS) appeals. We reverse.

Facts

In July 1994, the police went to the family home to investigate a report of a fight. There was no food or electricity, and Darla’s 13-year-old daughter [1445](Lisa W.) told the police that Darla had fled with Jean (then 3 years old). Patrick then left (but only after he locked Lisa out of the apartment). The next day, Darla and Patrick were arrested on outstanding drug-related warrants. Jean and Lisa were taken into protective custody. A petition was filed and Jean was placed in shelter care; Lisa was also placed, but she has since turned 18 and is no longer involved in these proceedings. Jean was nonverbal and “very delayed in other areas.”

When interviewed after her release from jail, Darla said she and Patrick fought frequently. He had been laid off. They had no money. They were about to be evicted. Patrick had a drug problem. Darla admitted that she too had used drugs and abused alcohol, but not recently. Patrick, interviewed in jail, admitted that he had used drugs but claimed he had stopped in 1993. Everything was Darla’s fault, he said. He took a voluntary layoff “to teach Jean some things, including being potty trained and to make sure he had more fun and got out.” Reports from others showed that both Darla and Patrick were still using drugs and that they fought all the time. In September, an amended petition was sustained and reunification services (drug rehabilitation programs and testing, parenting classes, and family counseling) were ordered.

By the fall of 1995, Darla and Patrick had completed parenting classes and some drug counseling, and they had tested negative for drugs. In October, the court gave DCFS discretion to liberalize the parents’ visits. In December, Jean was returned to the parents for a 60-day visit, which went well. In February 1996, DCFS reported that both parents continued to test negative and Patrick was employed. By that time, however, Darla had moved in with her mother and had taken Jean with her to protect the child from Patrick’s threats of inappropriate discipline (washing Jean’s mouth out with soap). Jean was “strongly bonded with his mother” and enrolled in kindergarten. Patrick agreed to the new living arrangement, and the court formally placed Jean with Darla on February 21.