Department of Family and Children's Services€¦ · Web viewDepartment Of Family And Children Services. Norma Doctor Sparks, Director. 373 West Julian Street. San Jose, California

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Department of Family and Children's Services /Department Of Family And Children ServicesNorma Doctor Sparks, Director373 West Julian StreetSan Jose, California 95110Mary Social Worker

(408) 975-1111

C101 SWIII

DSS No. 888888

COUNTY OF SANTA CLARA115 Terraine Street, San Jose, California 95110

JURISDICTION/ DISPOSITION REPORT

Hearing Date Hearing Time Dept./Room Hearing Type/Subtype

03/09/2006 08:30am D-00 Jurisdiction/Disposition

IN THE MATTER OF

Name Date of Birth Age Sex Court Number

Dana S. 03/14/1994 12 F JD00000

SUMMARY RECOMMENDATION

It is respectfully recommended that the 300 petition, filed on 2/14/06, on behalf of the child, Dana S.,

be sustained and that Dana be found to come within Welfare and Institutions Code Section 300,

subdivisions (b) and (c). It is further recommended that the parents, Ms. Sandra M. and Mr. Donald

S., and the child, Dana S., receive Family Reunification Services.

Confidential in accordance with Penal Code Section 11167.5 and/or WIC Sections 827 and 10850.

Jurisdiction/Disposition Report03/09/2006

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Dana S. JD00000

CHILD’S WHEREABOUTS

The child, Dana, is currently placed with her maternal grandparents, Ms. Lucille M. and Mr. Charles

M., in San Jose, CA. The home was approved on a temporary, emergency basis, on 2/9/06, and was

fully approved, on 2/26/06.

PARENTS/LEGAL GUARDIANS

Name/ Address/ Relationship/

Sandra M.02/18/1973

333 N. Apple Ave # 44San Jose, CA 95127(408) 555-6666

Mother/Dana

Donald S. 999 Orange Blvd.Stockton, CA 94206 (510) 777-8888

Father/Dana

ATTORNEYS

Name Address/ Representing

District Attorney 255 W. Julian Street, Suite 600San Jose, CA 95110(408) 299-2203

The child, Dana

Associate Dependency Attorneys 31 N. Second Street, Suite 330San Jose, CA 95113(408) 995-0601

Sandra M.

Dependency Legal Services 31 N. Second Street, Suite 330San Jose, CA 95113(408) 995-0442

Donald S.

INDIAN CHILD WELFARE ACT STATUSThe Indian Child Welfare Act does or may apply.

Child’s Name Indian Child Tribe (If Known) ICWA Eligible

Dana S. Pending Choctow UnknownDana S. No Blackfeet Tribe Not EligibleDana S. Pending Bureau of Indian Affairs Unknown


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On 2/13/06, the mother, Ms. M., informed this Social Worker that she was aware that there is Native

American ancestry in her family and this was confirmed by the maternal grandmother, Lucille M., on

2/15/06. The maternal grandmother informed this Social Worker that there was Native American

heritage in her family as her mother had Blackfoot or Blackfeet ancestry and her father had Choctow

ancestry. On 2/16/06, this Social Worker was informed by the maternal grandfather, Mr. Charles M.,

that his father had Choctow ancestry.

On 2/21/06, this Social Worker spoke to the father, Mr. S. Mr. S. stated to this Social Worker that he

thought his family had Native American ancestry due to comments made by the family. However,

Mr. S. informed this Social Worker that, upon further discussion with his mother, he discovered that

there was no actual known Native American ancestry in the family.

The following tribes were noticed that Dana is a possible Indian child: the Choctow Nation of

Oklahoma; the Misspissippi Band of Choctow Indians; the Jena Bad – Choctow; and the Blackfeet

Tribe. The the Bureau of Indian Affairs (BIA) was also noticed. Attached to and considered part of

this report are certified mail receipts of the Notice of Involuntary Child Custody Proceedings for an

Indian Child mailed to the above-mentioned tribes. This Social Worker has received the signed

returned certified mail receipts from the Choctaw Nation of Oklahoma, dated 2/27/06; The Bureau of

Indian Affairs, dated 2/27/06; and the Blackfeet Tribe, dated 2/27/06. Attached to and considered

part of this report are the aforementioned receipts. This Social Worker has received a response letter

from the Indian Child Welfare Act Program, Blackfeet Tribe, dated 2/28/06, which is attached to and

considered part of this report. The letter indicates that, based on the information received, Dana is

not an eligible member of that tribe.


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SEARCH RESULTS/HISTORY

Not Applicable.

LEGAL HISTORY

300 WIC Subsection(s) (a) and (b)

Initial Removal 2/09/06 Initial Detention Order 2/15/06 Initial Jurisdiction Finding

Initial Disposition Order Initial 364 FM Review Second 364 FM Review

Initial 366.21(e) – 6 Month FR Initial 366.21(f) – 12 Month FR Initial 366.22 – 18 Month FR

FR Services Terminated Non-Reunification Ordered

Initial Permanent Plan: Type/ Date Ordered Current Permanent Plan: Type/ Date Ordered

Additional Legal History

There is no additional legal history regarding this family.

REASON FOR HEARING

This case appears before the Court for a Jurisdiction/Disposition Hearing. On 2/9/06, the child, Dana

S., was removed from her mother’s care due to allegations of excessive and inappropriate physical

discipline. At an Initial Petition Hearing, on 2/15/06, the child was ordered detained and temporarily

placed in the home of the maternal grandmother. Weekly visitation was ordered for each parent.

PATERNITY/LEGAL RELATIONSHIPS

Ms. M. has indicated that Mr. S. is the father of Dana. Ms. M. has further indicated that she and Mr.

S. were in a relationship at the time Dana was conceived, and Mr. S. is named as the father on the

child’s birth certificate. Mr. S. has also indicated that he is Dana’s father. At the Initial Petition


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Hearing, on 2/15/06, the Court made a finding that Mr. S. is the legal father of Dana.

FAMILY LAW STATUS

This family has Family Law History. Attached to and considered part of this report is the Request to

Enter Default Judgement and a Judgement Regarding Parental Obligations, Case Number

198DA065869. This case established Mr. S. as the legal father of Dana.

PRIOR CHILD WELFARE HISTORY

09/27/05 – Physical abuse

Substantiated for the mother, Ms. Sandra M

Unfounded for the father, Mr. Donald S.

Dana reported that following an argument with Ms. M. regarding Dana’s using profanity the day

before, the mother struck Dana in the face and in her ribs, upon which the Dana sustained a cut lip

and soreness in her ribs. Dana further reported that the mother had spoken to her father by telephone

about her use of profanity. Mr. S. was reported to have threatened to “whip” Dana when she returned

home from school. Dana reported that this meant that Mr. S. would use a belt or electrical cord to hit

her on her back or legs. Dana indicated that this had happened before, the last time occurring

approximately three months prior. Ms. M. was offered Informal Supervision Services, which were

accepted by her.

11/4/02 – Physical abuse

A report was made to the Child Abuse Hotline in Alameda County that the reporting party observed a


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swollen, discolored mark on Dana’s upper right leg, approximately 2 inches in diameter. Dana had

been visiting with her father, and she reported that her father had gotten upset with her for not

packing a lunch to bring to his house during a visit and that he hit her with a belt. Dana indicated that

her father “spanked” her with the buckle end of a belt. The incident happened in Alameda County.

An Alameda County social worker responded with law enforcement, and Mr. S. was advised against

the use of excessive corporal punishment. The referral was closed with no further services.

CRIMINAL HISTORY

There is no criminal history for Ms. M.

Mr. S. – Record of Convictions

11/3/03 Misdemeanor VC 14602 Driving with a suspended/revoked license

2/5/98 Misdemeanor VC 14601 Driving with a suspended/revoked license

JURISDICTION

Allegationsb-1, c-1 On 02/09/06, San Jose Police placed the child, Dana S., age 12, into temporary custody due to excessive and inappropriate physical discipline by her mother, Sandra M., in that the mother hit the child on her back and right arm, because the child had been in a fight at school with another girl;

b-2 further, on 2/9/06, the child stated that she did not want to return to her mother’s care out of fear that her mother would use excessive physical discipline on her again;

b-3 further, the mother physically disciplines the child approximately five times a week by hitting the child with an open hand on her arms and back;


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Supporting Evidence

On 2/9/06, Dana reported to San Jose Police and the previous Informal Supervision Social

Worker, Ms. Carmen L., that her mother, Ms. M., had slapped her on the back of her arm for

getting into trouble at an after school youth program. Further, Dana reported that her mother

stated to her that she was not going to stop hitting Dana, even if Dana telephoned the social

worker. Dana reported to the police officer that she was afraid to return to the care of her

mother out of fear that her mother would physically discipline her again. Attached to and

considered part of this report is the Juvenile Contact Report, dated 2/9/06.

On 2/10/06, Dana reported to this Social Worker that her mother hit her “a lot.” When asked

what she meant by “a lot,” Dana stated her mother hit her approximately five times a week

with an open hand, typically on her arms or back. She said that the hitting did not usually

result in a mark or bruise being left. Dana further indicated she is usually hit when she gets

into trouble at school or does not complete her chores of mopping the floor, cleaning the

patio, cleaning her room, washing the dishes and cleaning the kitchen and bathroom.

During meetings with this Social Worker, on 2/13/06 and 3/1/06, Ms. M. stated that she has

never hit her daughter. However, during an interview with the previous Dependent Intake

Social Worker, Mr. Tom T., Ms. M. admitted that she had spanked Dana once for causing

excessive charges on mother’s cell phone bill and had hit her on the leg and arm no more than

three times. Ms. M. has indicated that she is frustrated with her daughter because she is not

sure “where all the allegations are coming from.” Ms. M. stated that she had been on a

“roller-coaster” with Dana and does not know what to do about her behavior and her lying to

get what she wants.

During an interview with this Social Worker, on 2/13/06, Mr. S. stated that he was certain that


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Dana was lying about Ms. M.’s abusing her and that Dana was “trying to get her way.”

However, during an interview with this Social Worker, on 3/3/06, Mr. S. said that he was not

sure what had happened in the home but is aware that something is going on with his

daughter. Mr. S. further indicated that it might be possible that Ms. M. hit his daughter but

that he still believed Dana was not being “abused.”

b-4, c-2 further, the child was previously taken into protective custody, on 09/27/05, after the mother punched the child on the side and slapped her face, causing a cut to her lip;

b-5 further, the family has been receiving Informal Supervision Services though the Department of Family and Children’s Services since that incident, and the mother has not been able to benefit from those services in that the mother has not participated in services as agreed and has continued to use excessive and inappropriate physical punishment as a means of discipline with her child.

c-3further, the child expresses feeling of not being wanted as the mother has told the child that she could “go back to the Shelter” and no one would come to get her.

Supporting Evidence

Dana was taken into protective custody in 9/27/05. Attached to and considered part of this report, is

the San Jose Police Report, 00-000-0000, dated 9/27/05. Dana reported at that time that Ms. M. had

struck her on the face, resulting in a cut lip, and punched her on the side of the body, as noted in the

narrative of the aforementioned Police Report, as indicated by Officer Smith, Badge #1234. The

entire incident was reported to have begun over Dana’s using inappropriate language. Officer

Smith’s report further indicates that in the car on the way home from school, Ms. M. threatened that

Dana would get a “whipping” from her father when he heard of her swearing. Dana further reported

that, on the car ride to her uncle’s home the next morning, Ms. M. backhanded Dana across the face

and then took a sweater Dana had draped over her shoulders and threw it out the car window. Officer


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Smith indicated that there were no indications of a cut on Dana’s lip when he saw her, though the

school official who made the report noted that Dana’s lip was cut, assumably from the mother’s slap

to her face.

Ms. M. informed police that she had called Mr. S. to tell him that Dana had used inappropriate

language and told Dana she was going to get a “whipping”. Ms. M. denied to police that she had hit

Dana across the face, but admitted to throwing the sweater that Dana had out the window as a way to

punish her. Ms. M. further indicated to San Jose Police that she had “spanked” her daughter on the

side and explained to Officer Smith that by the term “spanked” she meant that she had slapped Dana

several times on the arm and leg.

The family was offered Informal Supervision Services as a result of the above-mentioned incident.

Attached to and considered part of this report is the Informal Services Agreement signed by Ms. M.,

dated 10/24/05. The Agreement indicates that Ms. M. agreed to participate in a Parenting Without

Violence class and Parent Orientation and agreed to having Dana participate in individual therapy

and to participate in family therapy with Dana. The previous Informal Supervision Social Worker,

Ms. Carmen L., indicated that Ms. M. had informed her that despite her attendance in the Parenting

Without Violence class, Ms. M. was going to continue to discipline her daughter the way she wanted

to. On 3/1/06, Ms. M. stated to this Social Worker that she had made that comment to Ms. L. but did

not mean it the way it sounded. Ms. M. indicated that she did not agree with some of the approaches

of the instructors, citing that, in her opinion, some of the suggestions of the instructors allow for too

much leniency towards children. Ms. M. indicated that she believed that the class offered some good

ideas and techniques and that she would not physically abuse her child as she does not believe in

hitting her daughter. Ms. M. indicated that she only uses restrictions and taking away privileges as a


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punishment.

Ms. M. had agreed as a condition of the Informal Supervision Agreement to have Dana participate in

therapy. Ms. L., the IS social worker, reported to this Social Worker that she had referred the family

to two therapists. The first therapist Ms. M. and Dana did not like and did not want to return for

services. Ms. L. then referred them to a second therapist, Ms. Nancy C., LCSW. Attached to and

considered part of this report is a letter from Ms. C., dated 1/28/06, in which Ms. C. indicates that

Dana appeared fearful of her mother in that she was not participating in therapy. Ms. M., however,

stated that the reason Dana was not participating in the therapy was because the therapist had called

her a “liar.” Ms. M. stated that she believed her daughter, because Dana cried as she reported this

incident to her. However, the IS social worker has stated to this Social Worker that it appeared that

Ms. M. did not put Dana’s therapeutic needs in the highest of priorities and appeared to consistently

find excuses to not get Dana to therapy.

On 3/1/06, Ms. M. stated to this Social Worker that she does not believe her daughter is fearful of her

and that Dana is “doing all of this to get attention.” Ms. M. has indicated to this Social Worker that,

previously, she did not believe that her daughter needed therapy and was not fully supportive of the

process but now believes that she does need therapy, due to Dana’s escalating negative behavior with

peers and her continued allegations of physical abuse.

Dana has reported that her mother wanted her to go back to the Children’s Shelter. During an

argument prior to Dana’s removal, on 2/9/06, Ms. M. stated to Dana that she could go back to the

Shelter and that “no one will take you out.” In an interview with this Social Worker, on 2/10/06,

Dana reported her mother’s actions and statements make her feel that her mother does not want her.


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b-6 further, the child is afraid to live at her father’s home because her father, Mr. Donald S., has threatened she will get a “whipping” from him.

Supporting Evidence

On 2/10/06, Dana indicated to this Social Worker that she did not want to live with her father, as she

believed he would hit her. Dana further indicated to this Social Worker that she felt she and her

father did not have a good relationship with each other because, “he goes by everything she (referring

to her mother) says.” Dana stated that she believed her father would hit her because he has hit her

before, the last time being a year ago.

On 2/13/06, Mr. S. indicated to this Social Worker that he had spanked his daughter in the past with a

belt. Mr. S. stated that the police had interviewed him after the 2002 incident that resulted in the

child abuse report. (For further information, please see Prior Child Welfare History on page 5 of this

report.) Mr. S. stated he was advised by police that he should not use a belt to spank any of his

children as it could result in an injury he did not intend. Mr. S. indicated he was told that it was okay

to use an open hand to spank his children on the buttocks. Mr. S. stated that he agreed with this and

stopped using a belt to spank his children. Mr. S. further stated to this Social Worker, on 3/3/06, that

he believed Dana was “too old” for spankings and that he no longer disciplined her this way.

c-4further, the child is displaying aggressive and threatening behavior towards other children in that she has bullied and physically assaulted the other child at school, which has included taking her belt and using it to hit another child while she directed school mates to hold the other child down.

Supporting Evidence


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Dana indicated to this Social Worker, on 2/10/06, that she typically got into trouble at school, for

“threatening” other students. She then usually got in trouble at home when her mother learned of the

school behaviors. When this Social Worker asked Dana what she meant by “threatening,” Dana

indicated that she typically would threaten other students that she would “beat them up” if they did

not leave her alone. Dana further stated that she did not usually mean she would beat them up, but

just wanted the other student to “leave me alone.” Dana admitted to this Social Worker that she had

been in one fight at school this academic year.

On 2/13/06, Ms. M. informed this Social Worker that there had been a number of incidents of Dana’s

threatening other students and “picking on” one student in particular. Ms. M. indicated that she

recently learned of an incident that occurred in November that involved Dana directing other students

to hold another student on the ground while Dana removed her belt and struck the other child. Ms.

M. stated that the school was not aware of the incident at the time that it happened, and she only

recently discovered the incident had occurred when she was informed that the victim’s mother

wanted to report the incident to police and file charges against Dana. Ms. M. indicated that the

victim’s mother has agreed not to press charges after Dana wrote a letter of apology to the victim and

the parents had agreed to meet together with the children. However, due to Dana’s being placed in

temporary custody, this meeting has not taken place.

On 3/1/06, this Social Worker discussed her concerns with Ms. M. regarding Dana’s aggressive and

assaultive behavior which appears to have escalated over the years. Ms. M. indicated she did not

initially believe that Dana needed therapy, however, after being informed of this most recent above

mentioned incident, she now believes that Dana needs some kind of therapy. Ms. M. indicated that

she believed Dana’s behavior was due to changing schools or dealing with adjustments and believed


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she would grow out of her aggressive behavior, but now sees that it has greatly escalated. This Social

Worker asked Ms. M. where Dana may have picked up this behavior. Ms. M. indicated that she did

not know but believed Dana is seeking attention by committing these acts. Ms. M. stated that she

did not abuse her child and that Dana has “never been hit with a belt.” This Social Worker reminded

Ms. M. that there was documentation that Dana had been hit with a belt by her father on at least one

occasion. Ms. M. replied that she had never used a belt on Dana and that it was four years ago when

her father had used a belt for discipline. She said that she did not believe that was the cause of

Dana’s behavior. Ms. M. then indicated that she thought that Dana possibly could have picked up the

behavior from the negative friends that she appears to seek out at school.

In an interview with this Social Worker, on 3/3/06, Mr. S. indicated he is not sure where Dana’s

aggressive behavior has come from. He said that he had made a lot of bad choices as a teenager and

that he sees some of himself in Dana. Mr. S. further indicated to this Social Worker that he is not

sure if his daughter has been abused and that may be contributing to her aggressive behavior. In any

instance, he wants her to get the assistance she needs to change the possible negative path she may be

on. Mr. S. had indicated to this Social Worker, on 2/13/06, that he believed that Dana is in need of

nurturing.

On 2/10/06, this Social Worker met with the maternal grandmother, Mrs. Lucille M. The maternal

grandmother indicated to this Social Worker that she is not sure what has led to Dana’s negative

behavior. The maternal grandmother stated that she does not believe that her granddaughter has been

physically abused by her mother. However, the maternal grandmother said to this Social Worker that

she does believe that some of Dana’s negative behavior could be due to Dana’s being in need for

attention and more quality time with her mother. Mrs. M. indicated that she believes Dana is in need


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of being nurtured. On 2/16/06, this Social Worker met with the maternal grandfather, Mr. M. who

further relayed the sentiments of the maternal grandmother, saying that he does not believe that Dana

has been physically abused by her mother but was in need of attention and time with her mother that

was positive.

DISPOSITION

Social Study/Family Assessment

Problems Requiring Intervention and Possible Causes:

Dana has been adamant that she has been hit by her mother regularly and on an ongoing basis

and has been hit by her father also, but with less frequency. Dana has expressed a fear of her

mother to the previous Social Worker and San Jose Police. Further, Dana has stated that she

does not feel wanted or safe in the care of either of her parents. Dana’s need for physical and

emotional safety requires intervention. Further, Dana’s threatening behavior with peers

escalated into an assault which needs to be addressed.

Ms. M. has denied use of any kind of physical discipline, and there is no physical evidence to

prove Dana’s allegations of being physically abused. However, this is the third report of

excessive physical discipline used on Dana, once involving her father and twice involving her

mother. These repeated allegations and Dana’s stated fear of her mother is an indication of a

deep problem between mother and daughter. Ms. M. does not believe her daughter fears her.

But, her seeming refusal to view family dynamics from her daughter’s point of view does not

make the problem go away. An acquired ability to relate to her daughter’s feelings and

experience will promote better communication between the two.


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Mr. S. has used spanking with a belt to physically discipline his child in the past. Mr. S. has

indicated that he is exploring new ways to discipline his child and is open to learning and

doing whatever is required of him to be able to better meet the needs of Dana.

Relevant Social, Cultural, and Physical Factors:

Ms. M. is the youngest of three siblings born to Mr. and Mrs. M. She was born on 8/23/73 in

San Jose, CA. She graduated from Overfelt High School in 1990 and is currently employed at

Kaizer Medical Center as a medical technician. She had an on-and-off relationship with Mr. S.

who she met through mutual friends. Dana was conceived out of that relationship, the

pregnancy being unplanned. Ms. M. is single. She and Dana lived with the maternal

grandparents for the first eight years of Dana’s life. The maternal grandparents offered a great

deal of support to Ms. M. and Dana. The maternal grandmother quit her job when Dana was

an infant to care for Dana so that Ms. M. could return to work. Dana has a close bond with her

maternal grandparents and they have continued to offer support for the family. Ms. M. and

Dana live in an apartment that Ms. M. has rented for the past 2 years. She is in apparent good

health, though there is a family history of high blood pressure. Her SS# is 777-77-7777.

Mr. S. is the second of four siblings, all of who were born in Cordova, CA. He was born on

10/4/68. His parents were not married, and his father left the southern California area when

Mr. S. was 10 years old. He was reared by his mother and grandmother. He graduated from

Richmond Hills High School in Cordova in 1985. He moved to Stockton, CA in 1988. He is

currently employed as an assistant manager at Albertson’s grocery chain. He takes medication

for allergies but reports no other health issues. His SS# is 888-88-8888. Mr. S. stated to this


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Social Worker that he was not at Dana’s birth and was not always physically and emotionally

available to Dana or her mother in the early years of Dana’s life. He has indicated that he has

had much more contact with his daughter over the passed several years. Mr. S. has had regular

contact with her every weekend in recent years and even cared for Dana for an entire school

year a couple of years ago. Mr. S. has indicated that, although he is not in a relationship with

Ms. M., he has maintained positive contact in the best interest of his daughter. Ms. M. has

indicated that Mr. S. has been a great support to her, particularly when she has has issues with

Dana. Mr. S. has five other children, Dana’s half-siblings, all of whom reside with their

mothers, though Mr. S. maintains regular contact with all of them.

Both parents come from large and close-knit families. Ms. M. indicated that her older brothers

were spanked with a belt as a form of discipline, but that she was only spanked a few times as

she was the only girl and was rarely physically disciplined. Ms. M. has indicated that she

never felt that she has ever been abused. Mr. S. has indicated that he was disciplined with a

belt on many occasions but never felt that he was abused.

Family Strengths:

Both parents, although not in a relationship with each other, have good communication with

each other and offer each other support with the challenges they face with Dana. Both parents

have a large, extended family on which they are able to rely. Both parents are employed and

have adequate financial support for themselves and their daughter. In addition, both desire to

have their daughter in their care.


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Family’s Perception of Their Needs:

Ms. M. has indicated that she has come to terms with the reality that her daughter needs

mental health assistance to address her aggressive behavior and possible negative form of

attention seeking. However, Ms. M. has maintained with this Social Worker that she has not

hit her child and believes that some of Dana’s negative behavior is learned from negative

peer influences.

Mr. S. feels that his daughter is in need of attention and some nurturing. Mr. S. has admitted

to hitting Dana previously in the past, the last time occurring approximately 4 years ago. Mr.

S. does not believe that Dana is being physically abused by her mother, nor does he feel that

his daughter fears him.

ChildRegarding: Dana

Medical:

Dana currently has medical coverage through Kaiser. Her mother reports that she has no

history of serious illnesses or hospitalizations and is up-to-date with her medical and dental

needs. A medical exam, scheduled for 3/22/06, has been arranged by the current caregiver.

Dana is 5’ 2” tall and weighs 110 lbs.

Developmental:Dana appears to be developmentally on target. Upon first meeting with this Social Worker,

she was somewhat reserved but became more open as the conversation continued. She has two

close friends who she often talks to on the phone. She wears some makeup. She likes to


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watch TV, listen to music and shop for clothes. Her favorite singers are Beyonce and Ashanti.

Educational:

Dana is currently attending Sylvan Middle School in San Jose, CA. Dana has been described

as being bright, however, has not been performing well in school. Attached to and considered

part of this report are school report forms from Dana’s teachers from her previous school,

Morrill Middle School. Many of the reports indicate that Dana had not actively participated in

class and spent more time socializing or antagonizing other students rather than focusing on

her studies. Ms. M. has indicated that Dana’s grades have gone up and down over the years.

Mental & Emotional Status:

Dana has been verbally and physically abusive towards some of her peers. Dana has also

exhibited signs of depression, in that she does not often show emotion and is easily moved to

anger. Dana has also indicated to this Social Worker that she is aware that she easily becomes

angry and frustrated with peers and knows when she is being threatening towards others. This

Social Worker has referred Dana to the Center for Healthy Development. A therapist has been

identified to work with Dana, Ms. H., MFTI. Therapy is to begin, on 3/16/06, with funds from

Victim Witness In addition, due to Dana’s anger issues and threatening behavior, this Social

Worker has referred Dana to the class series, Youth Expressions: Letting go of Anger, held at

DFCS Family Resource Centers. Dana will be on the waiting list for this class until the next

series is scheduled.

Child’s Safety In Home

Due to Ms. M.’s reported continued use of inappropriate and excessive physical discipline as


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punishment and her continued denial of using it, Dana’s safety in the home cannot be ensured.

Dana’s stated fear of both parents and her refusal to see either parent signals that some work must be

done to make Dana feel safer in the homes of her parents.

Consideration Of Placement With Non-Custodial Parent

On 3/3/06, this Social Worker went to visit the home of Mr. S. The home appeared to be clean and

organized. Mr. S. showed this Social Worker the room where Dana sleeps and shares with her half-

sibling when Dana visits with him. Mr. S. indicated that the two girls only recently began sharing a

room and he still needs to purchase a second bed as the room was only equipped with one twin bed.

Mr. S. has indicated that he is able and willing to have Dana in his care. However, Dana has been

consistent in her statement that she does not want to live with her father, out of fear that he will

“whip” her, and has refused to visit with him since she was brought into temporary custody. Mr. S.

has indicated to this Social Worker that if it is in Dana’s best interest that she remain with the

maternal grandparents temporarily, he is willing to let that happen and is willing to assume care of

Dana once the issues are resolved.

Consideration Of Relative Placements

Dana is currently placed with her maternal grandparents, Mrs. Lucille M. and Mr. Charles M. The

parents offered the maternal grandparents and a paternal aunt, Ms. Sharon S., as possible placements.

Dana informed this Social Worker that she preferred to be placed with her maternal grandparents, and

she was placed with them, on 2/16/06. Their home was fully approved on 2/26/06.


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Out Of Home Placement

Regarding: Dana

Current Placement:

The child, Dana, is currently placed with her maternal grandparents, Mrs. Lucille M., age 57,

and Mr. Charles M., age 63, in San Jose, CA. They reside in a nicely furnished 3 bedroom / 2

bath home. The grandfather is retired and the grandmother works part-time as an aid at an

Assisted Living residence. The grandparents have set limits on Dana in terms of her getting

her homework done before watching television or calling friends. Her mother has provided

Dana with a cell phone, and she is required to call the grandparents to let them know where she

is, if not at home when expected. The grandparents state that their home is open to both

parents for visitation purposes.

Sibling Placement:

Dana has five half-siblings, all from her father. One of her half-siblings is an adult and lives in

Texas. Another lives in New York with his mother. The third half-sibling lives in San Mateo

and Dana has indicated that she sees him when he visits their father. Dana has two half-

siblings who are currently living with their mother and visit with Mr. S. on a regular and

consistent basis. Placement with any of the half-siblings is not being considered at this time,

as they primarily live with their birth mothers.

Independent Living Plan Services:

Dana does not qualify for Independent Living Plan Services as she is only 12 years old.


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Visitation

Visitation has not occurred between either parent and the child, as Dana has refused to visit with

either parent. Further, neither parent has contacted this Social Worker to inquire about visitation.

This Social Worker discussed with the child the issue of visitation during in-person contacts, on

2/10/06 and 2/28/06, and also during telephone contact. However, Dana has consistently indicated

she refuses to visit with either parent. At the Initial Petition Hearing, on 2/15/06, the Court ordered

that the parents receive visitation for one hour per week, supervised, but the Court ordered that the

child not be forced to visit with the parents between the time of Detention Hearing and

Jurisdiction/Disposition Hearing.

The recommendation is for two-hour visits to be scheduled once a week with each parent, with Mr. S.

coming to San Jose for visitation. It is further recommended that the visits be supervised by the

grandmother or social worker, with discretion for the social worker to increase the frequency of the

visits and move to unsupervised visits.

Reasonable Efforts

The following Reasonable Efforts have been offered:

Informal Supervision Services from September 2005 to February 2006

In-person contact with the mother, Ms. M., and the father, Mr. S.

In-person contact with the child, Dana S.

Conducted and completed Relative Home Approval for the maternal grandparents

Conducted interviews with the maternal grandparents


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Obtained school information for Dana

Provided referrals for therapy to the child, Dana

Provided a referral for Dana to attend a series on dealing with anger

Conducted home assessment of Mr. S.’s home

Provided referral for Ms. M. for Parent Orientation

Provided Parent Orientation to Mr. S., as he lives in San Joaquin County

Concurrent PlanningThe parents were not advised of the option to participate in adoption planning, due to the age of the

child. However, this worker did discuss concurrent planning with the parents and advised them that

the Department would seek legal permanence under guardianship for the child with the maternal

grandparents, if reunification is not successful.

Dana is currently placed with the maternal grandparents. This Social Worker has discussed

Concurrent Planning with the maternal grandmother, and she has indicated that she and her husband

are willing and able to care for Dana as long as needed, though they are not willing to adopt her.

They state that they would consider guardianship, if Dana is not reunified with her mother, but their

expectation is that Dana will be returning to her mother’s care within the year.

Assessment/Evaluation

Appearing before the Court is 12-year-old Dana S. who was removed from her mother’s care due to

repeated allegations of excessive and inappropriate physical discipline. Dana currently resides with

her maternal grandparents in San Jose, CA and appears to be making an adequate adjustment there.

The relationships between Dana and her parents remain strained, and Dana has not visited with either


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of her parents since her removal from her mother’s care.

This is a family with great strengths which be used to resolve the tensions that have developed over

the past few years. Both parents are capable of providing the love and nurturing that 12-year-old

Dana seems to be demanding, and finding a way to express those feelings in a way that their daughter

can recognize and accept is an extremely important goal for them to achieve. The parents are

responsible, productive adults, and they want to instill good values in their daughter so that she will

have a good life and also be a contributing member to society. This will only happen if they can be a

positive support to her. Dana’s strengths are her strong will, her intelligence and even her

vulnerability. She is going through a very difficult developmental period, moving through

adolescence. She wants to be more independent yet still needs nurturing, and she must learn

acceptable ways to get her needs met. Communication appears to be the key to the resolution of this

family’s current situation.

The parents certainly did not plan for their daughter to have serious behavioral problems, but it is

hard to believe that they, the most significant people in her life, have not played and do not continue

to play a part in her troubling behavior. The mother insists that Dana’s actions and allegations are

based on attention seeking. This worker would not argue that point. It appears that Dana is not

getting the attention she needs from her parents, and one result is the child’s destructive, acting out

behavior. It is recommended that that the mother enroll in a program of parenting education to give

her more information on adolescent development and needs.

The mother has provided well for her daughter’s material comforts but seems somewhat


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unsympathetic to Dana’s emotional needs. Of concern is that Ms. M. nor the father have pursued

visitation with Dana, and it has been weeks since they have spoken to her. It is easy to believe that

Dana has gotten her strong-will from her mother, also a strong-willed woman. But this is no time for

a “Who Can Hold Out the Longest” contest. Communication must begin as soon as possible, most

probably within a therapeutic setting. To this end, the recommendation is being made that mother

and daughter begin participation in family therapy.

Mr. S. appears to understand that the use of physical discipline has not been successful in helping his

daughter structure her behaviors. He acknowledges that she is “too old, anyway” for him to continue

with spankings and other forms of physical discipline. As with the mother, parenting education is

one service that can help him to understand Dana’s developmental needs and give him ideas for ways

to work with her.

Dana is now close to 13 years old, still a child but old enough to know the difference between right

and wrong. Threatening and assaultive behaviors are wrong, and it is sad to think that a young girl

would need to resort to those actions to feel better about herself. Individual counseling is indicated to

help Dana identify her feelings and find appropriate ways to express them. Her needs as an

adolescent are in conflict as she requires both nurturing and independence. It is hoped that within a

therapeutic setting, Dana will also come to be able to identify these needs, as well as her feelings, and

learn constructive ways to get them met.

It is this Social Worker’s hope that with the assistance of parent education and therapy this family

may be able to heal. The prognosis is guarded, given the mother’s sporadic participation in previous


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services offered under the Informal Supervision program and the parents’ lack of inquiry as to their

daughter’s well-being over these past three weeks. The efforts toward reunification have to be

serious and honest. There is no time to loose, as Dana’s behaviors could get increasingly problematic

as she grows into young womanhood.

Case Plan

Attached.

Attachments

The attachments identified in this report are attached hereto and incorporated herein by this reference.

1. Notice of Involuntary Child Custody Proceedings for an Indian Child, dated 2/23/06

2. Returned ICWA Certified Mail Receipts, dated 2/23/06

3. Returned ICWA Certified Mail Return Receipts

4. Letter from the Indian Child Welfare Act Program Blackfeet Tribe, dated 2/28/06

5. Judgement Regarding Parental Obligation and Request to Enter Default Judgement,

198DA065869, regarding Dana S.

6. Juvenile Contact Report, dated 2/9/06

7. San Jose Police Report, 05-270-0524, dated 9/27/05

8. Informal Services Agreement, signed by Ms. Sandra M., dated 10/24/05

9. Letter from Ms. Nancy C., LMFT, dated 1/28/06

10. Department of Family and Children’s Services School Reports for Dana S.


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Recommendation

Please see attached Recommendation.


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CHILD’S NAME: Dana S. PETITION NO.: JD16666

014. JURISDICTION AND DISPOSITION -- REMOVAL FROM NON-INTACT FAMILY -- PLACEMENT WITH NEITHER PARENT – FAMILY REUNIFICATION SERVICES TO BOTH PARENTS (Rev. August 2005)

It is respectfully recommended that the Court make the following findings and orders:

JURISDICTION

The Court finds:

1. The allegations of the petition filed on 2/14/06 are true as alleged.

2. The child comes within the provisions and description of Section 300, subdivisions a, b, and c of the Juvenile Court Law.

3. Notice has been given as required by law.

4. The child’s birthdate is true as recited herein.

5. The child’s residence is Santa Clara County.

DISPOSITION

The Court further finds and orders:

Dependency

6. The minor is adjudged a dependent child of the Santa Clara County Superior Court.

7. In arriving at its judgment and orders of disposition, the Court has read, reviewed and received into evidence the social worker’s social study.


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Removal

8. By clear and convincing evidence, the welfare of the child requires that her physical custody be taken from the mother, Ms. M., with whom the child was residing when the petition was initiated as:

a. There is a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child or would be if the child were returned home, and there are no reasonable means by which the child’s physical health can be protected without removing the child from the child’s parents physical custody.

b. The child is suffering severe emotional damage, as indicated by extreme anxiety, depression, withdrawal or untoward aggressive behavior toward self or others, and there are no reasonable means by which the child’s emotional health may be protected without removing the child from the physical custody of his or her parent or guardian.

Title IV-E Findings

9. a. Continuance in the home is contrary to the child’s welfare;

b. Temporary placement and care are vested with the child welfare agency; and

c. Reasonable efforts have been made to prevent removal.

Findings Regarding Noncustodial Parent

10. By clear and convincing evidence, placement with the previously noncustodial parent would

be detrimental to the safety, protection, or physical or emotional well-being of the child, but the previously noncustodial parent does request services to reunify with the child.

Placement

11. The child shall continue under the care, custody and control of the Department of Family and

Children's Services for placement in an

approved relative home or non-relative extended family member

foster home, or


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community care facility,

with approval for placement with the maternal grandparents:

Lucille and Charles M.

Address

Ciyt, State, ZIP

The effective date of placement is 3/9/06.

Child Welfare Program

a. The child and the parents, Ms. M. and Mr. S., shall receive services from the Family Reunification Program.

b. The Court finds that the Department of Family and Children’s Services has advised the parents of their option to participate in adoption planning and to voluntarily relinquish the child for adoption.

Case Plan

14. The parents, Ms. M. and Mr. S., are to participate in and successfully complete the following services as directed by the supervising social worker:

a. A Basic parenting education program, Advanced, 16 week Parenting without Violence (for the father, Mr. S.),

a program of parenting education focused on teenagers (for the mother, Ms. M.),

b. Other: Family counseling for the mother and child, once deemed appropriate the child’s therapist

The child, Dana S., is to participate and successfully complete the following services, as directed by the supervising social worker:

a. A program of counseling or individual psychotherapy which addresses issues including communication, identification of feelings and how to cope with feelings and identification of needs and appropriate ways to get needs met.


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Child’s Health and Safety

15. The Court authorizes the social worker to sign necessary documents and consent forms for the provision of ordinary medical, dental, and mental health treatment for the child as defined in the Juvenile Court Standing Order dated October 3, 2001.

16. As a condition of placement DFCS is authorized to enter, and the child’s parent, guardian or caretaker shall consent to DFCS entering, the child’s placement without a warrant at any time to see and speak with the child, to assess the child’s safety and well-being, and to assess the continued stability of the placement.

17. The parents/guardians/caretakers shall provide DFCS with updated medical, dental, mental health, and education information, and medical background of the child and of the child’s mother and the child’s biological father, if known.

General Orders

18. The parents/guardians:

a. Shall not use physical punishment.

b. Shall ensure that the child is enrolled in and regularly attends counseling.

c. Shall cooperate with the supervising social worker and keep the social worker informed of all changes of address and telephone number within 48 hours of said changes.

d. Shall sign all necessary releases of information to facilitate the exchange of information between DFCS and the treating therapists and/or service providers.

e. Shall cooperate with the District Attorney’s Office and/or with the Department of Revenue in determining their ability to reimburse the County for expenses incurred for the cost of supervising their child in out-of-home care.

Visitation

19. a. Visitation by the mother, Ms. M., shall occur as follows: once a week, for two hours, supervised.

The supervising social worker shall have the discretion to increase the frequency and


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duration of visits and to permit unsupervised visits.

b. Visitation by the father, Mr. S., shall occur as follows: once a week, for two hours, supervised.

The supervising social worker shall have the discretion to increase the frequency and duration of visits and to permit unsupervised visits.

Next Court Hearing

21. The case shall be reviewed under Welfare and Institutions Code Section 366.21 on ______________.

Advice of Rights

22. The parties are advised:

a. That they have the right to attend all parte court hearings and that they have the right to be represented by counsel at said hearings.

b. The law provides that, for a child who, on the date of initial removal from the physical custody of his or her parent or guardian, was three years of age or older, Family Reunification Services shall not exceed a period of twelve months from the date the child entered foster care.

Failure of the parent or guardian to participate regularly and make substantive progress in any court ordered treatment programs or to cooperate or avail himself or herself of services provided as part of the Child Welfare Services Case Plan, may result in a termination of efforts to reunify the family after six months (for a child under the age of three), or after twelve months (for a child three years of age or older.) Should the parent or guardian fail to reunify within the legal time limits, a hearing must be set to select and implement a permanent plan for the child. The permanent plan may be adoption, legal guardianship or permanent placement with a fit and willing relative or planned permanent living arrangement.

c. Your parental rights may be terminated if custody of your child is not returned to you within six months (for a child under age three) or twelve months (for a child age three or older) from the date the child entered foster care, which is calculated from 60 days after the date of protective custody or the date the petition was sustained, whichever is earlier.


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d. The parties have the right to appeal the Court’s jurisdictional findings and dispositional judgment and orders if said findings, judgment and orders were made following a contested hearing or following a submission. Notice of appeal must be filed within 60 days of the date of disposition. An indigent appellant may have the right to free counsel on appeal and a free transcript on appeal.

Respectfully Submitted,

Norma Doctor Sparks, Director

Department of Family and Children's Services

By

Mary Social Worker, MSW, Social Worker III, C101 (408) 975-1111 Date

Sally Supervisor, MSW, Social Work Supervisor, C100 (408) 975-0000 Date


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Documents

Department of Family and Children's Services€¦ · Web viewDepartment Of Family And Children Services. Norma Doctor Sparks, Director. 373 West Julian Street. San Jose, California