Department of Family and Children's Services
|Department of Family and Children's Services / |
|Department Of Family And Children Services |
|Norma Doctor Sparks, Director |
|373 West Julian Street |
|San Jose, California 95110 |
|Mary Social Worker |
|(408) 975-1111 |
|C101 SWIII |
|DSS No. 888888 |
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|COUNTY OF Santa Clara |
|115 Terraine Street, San Jose, California 95110 |
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|JURISDICTION/ Disposition REPORT |
Much of the demographic information will pre-populate into this report from the CWS/CMS data base. Other information is entered by the user into form fields designed for local text entry. Either the cursor or the F11 key may be used to navigate from one non protected form field to another. Navigating with the F11 key puts your cursor in the correct position to proceed. With the first letter entered, both the form field and the text in the form field, if any, disappear.
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|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.
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/ |
|Birthdate |Phone |To Whom |
|Sandra M. |333 N. Apple Ave # 44 |Mother/ |
|02/18/1973 |San Jose, CA 95127 |Dana |
| |(408) 555-6666 | |
|Donald S. |999 Orange Blvd. |Father/ |
| |Stockton, CA 94206 |Dana |
| |(510) 777-8888 | |
|attorneys |
|Name |Address/ |Representing |
| |Phone | |
|District Attorney |255 W. Julian Street, Suite 600 |The child, |
| |San Jose, CA 95110 |Dana |
| |(408) 299-2203 | |
|Associate Dependency Attorneys |31 N. Second Street, Suite 330 |Sandra M. |
| |San Jose, CA 95113 | |
| |(408) 995-0601 | |
|Dependency Legal Services |31 N. Second Street, Suite 330 |Donald S. |
| |San Jose, CA 95113 | |
| |(408) 995-0442 | |
indian Child welfare act status
The Indian Child Welfare Act does or may apply.
|Child’s Name |Indian Child |Tribe (If Known) |ICWA Eligible |
| |yes/no/maybe/ unknown | |yes/no/maybe/ unknown |
|Dana S. |Pending |Choctow |Unknown |
|Dana S. |No |Blackfeet Tribe |Not Eligible |
|Dana S. |Pending |Bureau of Indian Affairs |Unknown |
Indicate which parent is affiliated with which tribe(s), if known. Also, indicate whether the tribe(s) and/or the BIA have been notified that dependent child proceedings have been initiated on the child(ren)’s behalf; further, whether the tribe, if known has been notified of their right to intervene[SOC 319]. If the child(ren) are or may be Indian, enter efforts made to locate an Indian home for the child(ren)’s placement. Alternatively, if there are appropriate non-Indian placement alternatives for the child(ren), enter justification for NOT pursuing placement with an Indian caretaker.
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.
Search results/history
Not Applicable.
|legal history |
|300 WIC Subsection(s) (a) and (b) |
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|Initial Removal 2/09/06 |Initial Detention Order 2/15/06 |Initial Jurisdiction Finding |
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|Initial Disposition Order |Initial 364 FM Review |Second 364 FM Review |
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|Initial 366.21(e) – 6 Month FR Review |Initial 366.21(f) – 12 Month FR Review |Initial 366.22 – 18 Month FR Review |
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|FR Services Terminated |Non-Reunification Ordered | |
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|Initial Permanent Plan: Type/ Date Ordered |Current Permanent Plan: Type/ Date Ordered |
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Additional Legal History
Additional legal history for any child(ren), such as subsequent or supplemental petitions, multiple jurisdiction/disposition dates, prior dependency, etc., may be entered by the user in this section.
There is no additional legal history regarding this family.
Reason for hearing
User text entry.
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
This information can be reviewed from the Family Information page and Related Clients page of Client Notebook. Include marital history, any paternity findings/orders (whether a paternity order has been issued, the date of the order, the identity of the court issuing the paternity order, and the identity of the person named as the child’s father), waivers of paternity, statements of mother regarding paternity if unresolved, issues related to concurrent planning, legal guardianship issues, etc. Please refer to the 6 questions outlined in §316.2(a) WIC.
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 Hearing, on 2/15/06, the Court made a finding that Mr. S. is the legal father of Dana.
Family law status
Discussion of any prior family law history, custody orders, etc; always include the family law file number as well as the name and location of the court of jurisdiction.
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
User text entry.
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 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
Enter name, AKA, of significant persons; then enter information regarding arrests and/or convictions. Also include probation/parole status, including date probation/parole status expires; name and phone number of current Probation/Parole Officer. If a parent is currently in jail or prison, include name and location of the jail/prison, the inmate’s jail or prison ID number; and the anticipated release date. Enter ‘None’ if there is no 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
Allegations
User text entry.
b-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;
Supporting Evidence
Text entry of facts supporting each specific allegation.
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 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-3
further, 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
Text entry of facts supporting each specific allegation.
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 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 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.
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
Text entry of facts supporting each specific allegation.
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-4
further, 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
Text entry of facts supporting each specific allegation.
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 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 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
Including, but not limited to: Problems Requiring Intervention and Possible Causes (contributing factors, domestic violence, drug abuse, etc)Relevant Social, Cultural, and Physical Factors (discussion of various issues including marital history and other significant relationships), Family Strengths, Family’s Perception of Their Needs (Enter specific statements or a summary from children, parents and others re: their perception of what they need to do to overcome the circumstances that brought them to the court’s attention.).
Problems Requiring Intervention and Possible Causes:
(contributing factors, domestic violence, drug abuse, etc)
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.
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:
(discussion of various issues including marital history and other significant relationships),
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 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.
Family’s Perception of Their Needs:
Enter specific statements or a summary from children, parents and others re: their perception of what they need to do to overcome the circumstances that brought them to the court’s attention.
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.
Child
For this section, the first set of subheaders has been provided with either single space or double space form fields, consistent with text field option previously selected by your county. Based on local practice, you may address all children under each category, or repeat these categories individually for each child. If the latter, auto text has been designed to repeat these categories as well as the form fields for you. If you need to repeat these subheaders, follow these steps: If your county uses single spaced text, enter 'chs' on a blank line at the end of the first set of subheaders and press F3 (or, if your county uses double space text, enter, 'chd.'); the 'Regarding' line and other subheaders will repeat. Then delete all but one child's name in the original 'Regarding' line and enter each child's name individually in each subsequent 'Regarding' line. Repeat these steps for each child as needed.
Regarding: Dana
Reminder: discuss issues regarding special needs of minor as a parent, if applicable.
Include CHDP or alternative preventive health services plan
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:
Indicate if child is a client of the Regional Center.
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 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
Including the Need, if any, for Removal; Circumstances Surrounding the Severe Physical Abuse of Child.
Due to Ms. M.’s reported continued use of inappropriate and excessive physical discipline as 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
If this is considered an FM placement, then discuss placement details and adjustment here. If child released to/placed with the non-custodial parent as an FR placement, then discuss OHC details below.
Consideration Of Relative Placements
Include Non-Custodial Parent here if you are a county that gives placement to non-custodial parent while providing FR services to the previously custodial parent. Discuss OHC details below.
Out Of Home Placement
Enter child(ren)’s name(s) and detail about the following categories:
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:
If the minor is 16 years or older, address the development of an Independent Living Plan, or describe why the minor cannot benefit from ILP services, ie, mentally or physically not able to benefit.
Dana does not qualify for Independent Living Plan Services as she is only 12 years old.
Visitation
Text entry of summary of current visitation plan. Include visitation with parents and continued appropriateness of visitation with siblings, grandparents and other relatives. Compliance efforts/cooperation. Children(s) response to visitation.
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
Detail about services offered/delivered from the time of the child(ren)’s removal to the present and parental compliance if any at this point. It is important the court have sufficient information to make the reasonable efforts finding at the time of the disposition.
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
( 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 Planning
Enter detail regarding concurrent case planning (alternative permanent plan if efforts to reunify fail as well as services needed to achieve the plan) for child who is placed in out of home, based on local county policy/practice. The following advisement must be addressed in this section. Suggested text as follows.
On [Date] the parent(s) was advised of the option to participate in adoption planning and to voluntarily relinquish the child for adoption if an adoption agency is willing to accept the relinquishment. Or
The parent(s) was not advised due to the following: [Specify].
The 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
This is the place for the social worker’s ‘opinion’. Do not repeat facts previously included in the report, rather, assess and evaluate those facts in a way that lends itself to the logical conclusion of what you are recommending. If appropriate and based on local practice, enter your opinion as to whether the allegations of the petition should be sustained, or conversely, if the petition or any individual allegations should be dismissed. Include required discussion of appropriateness of CPS (voluntary services) to resolve the matter in lieu of court intervention; a discussion of need for continuing court intervention and/or placement, if appropriate, and statement regarding child’s eligibility to be considered for further court action to free minor from parent’s custody and control.
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 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 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 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.
Text entry for case plan detail (including Objectives, Service Activities, Schedule of Visits and Contacts if not using attached documents) County supplied case plan headings and text. Include plan for social worker contacts with child(ren) and parent(s); if child(ren) placed out of the home, include plan for parental, sibling and grandparent visits, frequency, location, duration, monitored/unmonitored, day/overnight, etc.
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.
Recommendation
Please see attached Recommendation.
CHILD’S NAME: Dana S. PETITION NO.: JD16666
TO ADD THE NAMES AND PETITION NUMBERS OF ADDITIONAL CHILDREN, COPY THE COMPLETE LINE ABOVE, INCLUDING THE “¶” SYMBOL AND PASTE IN-FRONT OF THE WORD “CHILD’S.” THE FIRST LINE SHOULD DROP DOWN AND THE NEW LINE WILL APPEAR.
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 (INSERT THE DATE THAT THE petition was filed) are true as alleged.
2. The child comes within the provisions and description of Section 300, subdivisions a, b, and c (INSERT ALL SECTION 300 SUBDIVISIONS FILED)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.
Removal
8. By clear and convincing evidence, the welfare of the child requires that her physical custody be taken from the mother, Ms. M.,(INSERT MOTHER, FATHER, OR GUARDIAN, AS APPROPRIATE) with whom the child was residing when the petition was initiated as:CHOOSE ONE OR MORE OF THE OPTIONS BELOW AND DELETE THE OTHER OPTIONS AND RE-LETTER AS NEEDED
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 (INSERT MOTHER, FATHER, OR GUARDIAN, AS APPROPRIATE) 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
community care facility,
with approval for placement with the maternal grandparents:
Lucille and Charles M.
Address
Ciyt, State, ZIP (INSERT NAME OF PLACEMENT. IF PLACEMENT IS CONFIDENTIAL, INDICATE “CONFIDENTIAL PLACEMENT”)
The effective date of placement is 3/9/06.(INSERT DATE)
Child Welfare Program
a. The child and the parents, Ms. M. and Mr. S., (INSERT PARENTS OR GUARDIANS, AS APPROPRIATE) 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
THE CASE PLAN MUST BE SPECIFICALLY TAILORED TO THE PARENT/GUARDIAN. SELECT ONLY THE APPROPRIATE RECOMMENDATIONS FROM THE TEXT BELOW. DELETE THE OPTIONS THAT DON’T APPLY. BE SURE TO RE-LETTER AS NEEDED.
14. The parents, Ms. M. and Mr. S., (INSERT PARENTS OR GUARDIANS, AS APPROPRIATE) 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.
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
EACH PERSON MUST HAVE A SEPARATE VISITATION RECOMMENDATION. DELETE OPTIONS WHICH DO NOT APPLY AND RE-LETTER AS NEEDED
19. a. Visitation by the mother, Ms. M., (INSERT THE PERSON’S RELATIONSHIP TO THE CHILD AND FULL NAME) shall occur as follows: once a week, for two hours, supervised.
(INSERT FREQUENCY OF VISITS, DURATION OF VISITS, LOCATION OF VISITS AND WHETHER VISITS ARE SUPERVISED)
The supervising social worker shall have the discretion to increase the frequency and duration of visits and to permit unsupervised visits.
b. Visitation by the father, Mr. S., (INSERT THE PERSON’S RELATIONSHIP TO THE CHILD AND FULL NAME) shall occur as follows: once a week, for two hours, supervised.
(INSERT FREQUENCY OF VISITS, DURATION OF VISITS, LOCATION OF VISITS AND WHETHER VISITS ARE 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.
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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