Filed 8/9/13 L.T. v. Superior Court CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication

or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

L.T.,

Petitioner,

v.

THE SUPERIOR COURT OF SONOMA 

COUNTY,

Respondent;

SONOMA COUNTY HUMAN 

SERVICES DEPARTMENT et al.,

Real Parties in Interest.

 A138652

 (Sonoma County

 Super. Ct. Nos. 3782-DEP, 3783-DEP, 

3784-DEP)

MEMORANDUM OPINION1

The three children of appellant L.T. (Mother), M.M., age 23 months, and Ru.M. 

and Ri.M., twins one month old (minors), were the subject of a November 2011 

dependency petition. The petition alleged neglect, failure to protect, and failure to 

support due to serious domestic violence between Mother and her husband, the minors‟ 

presumed father (Father), and substance abuse by Mother and Father. (Welf. & Inst. 

Code,2§ 300, subds. (b) & (g).) At the time of filing, both parents were incarcerated. 

 

1 We resolve this case by a memorandum opinion pursuant to California Standards 

of Judicial Administration, section 8.1 (a “memorandum or other abbreviated form of 

opinion” is appropriate when an appeal “raise[s] no substantial issues of law or fact”).

2 All statutory references are to the Welfare and Institutions Code.
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The minors were found to be dependents of the court in December 2011. 

Reunification services were denied to Father as a result of his history of chronic 

substance abuse. (§ 361.5, subd. (b)(13).) At the time of the six-month review in June 

2012, the Sonoma County Human Services Department (Agency) recommended 

terminating reunification services to Mother as a result of her continued contact with 

Father, erratic compliance with a substance abuse program, and inability to accept 

responsibility for her conduct. After a contested six-month review hearing in September 

2012, the juvenile court granted Mother an additional six months of services. The 

Agency again recommended termination of Mother‟s reunification services at the time of 

the 12-month hearing in December. After a series of evidentiary hearings in February, 

March, and April 2013, the court terminated her services and scheduled a permanency 

planning hearing pursuant to section 366.26, explaining its decision in a written order. 

On June 24, 2013, Mother filed in this court a petition for extraordinary writ 

seeking an order directing the juvenile court to vacate its order and restore reunification 

services. In her petition, Mother contends the juvenile court‟s conduct of the proceedings 

violated her right to procedural due process and its findings of detriment and reasonable 

services were not supported by substantial evidence. We entered an order to show cause 

and oral argument notice, directing a response by July 10.

The factual circumstances underlying Mother‟s claims of error are known to the 

parties and are thoroughly recounted in the Agency‟s “Opposition and Response to 

Mother‟s Petition for Extraordinary Writ and Objection to Request for Stay.”

A. Due Process

Mother cites no legal authority for her claim that her due process rights were 

violated in the course of the dependency proceeding. The foundations for her argument 

are the claims that (1) only one report was prepared by the Agency in connection with the 

contested 12-month hearing, which stretched over several months, and information was 

disclosed during testimony that was not contained in an Agency report; (2) a social 

worker who testified failed to provide the court with “ „exculpatory‟ or „good‟ evidence”; 

and (3) the trial court relied in its statement of decision on an expert‟s answer to a 
3

hypothetical question, the premise of which was never proven. Taking Mother‟s claims 

at face value, we find no violation of procedural due process.

Dependency proceedings “need not be „conducted with all the strict formality of a 

criminal proceeding.‟ [Citations.] As this court has said, „[d]ue process is a flexible 

concept which depends upon the circumstances and a balancing of various factors. 

[Citation.]‟ [Citations.] [¶] One specific area of dependency jurisprudence where the 

rules of evidence are relaxed is with respect to the reports and social studies prepared by 

the caseworker assigned to the family. . . . Despite their hearsay content, such reports are 

admissible to assist the court in its determinations. [Citations.] Due process generally 

requires, however, that parents be given the right to present evidence, and to crossexamine adversarial witnesses, such as the caseworker and persons whose hearsay 

statements are contained in the reports, „i.e., the right to be heard in a meaningful 

manner.‟ ” (In re Lesly G. (2008) 162 Cal.App.4th 904, 914–915.)

There is no question Mother was given the opportunity to be heard in a meaningful 

manner, and she does not contend otherwise. The juvenile court‟s proceedings stretched 

over three months and several evidentiary hearings. Mother was permitted to crossexamine Agency social workers and consultants, call her own witnesses, and testify twice 

herself, including as the final witness. Contrary to Mother‟s argument, due process did 

not require the social worker voluntarily to supply “ „exculpatory‟ or „good‟ evidence,” 

which Mother could elicit during cross-examination. Mother contends an improper 

hypothetical question was allowed, but she had the opportunity to cross-examine the 

expert regarding the hypothetical question to demonstrate the lack of foundation. Finally, 

she was able to address any issues that arose for the first time during the hearings through 

cross-examination, in her own testimony, and in the extensive closing statement she 

submitted after the close of evidence. Nothing in the proceedings deprived Mother of 

due process.

Mother contends the Agency should have submitted an addendum status report 

because the contested 12-month hearing stretched over several months, during which 

additional relevant events occurred. A report must be filed with the court within 10 days 
4

of each 6-month status hearing. (§ 366.21, subd. (c).) There was no violation of the 

Agency‟s statutory duty because an appropriate report was prepared for the 12-month 

hearing, and the court‟s order issued before the time for the 18-month hearing. While the 

court could have requested an addendum report (§ 365), it was not required to do so. In 

any event, the failure to request and/or file an addendum report was harmless, since the 

court was conducting virtually monthly evidentiary hearings at which the parties could 

present witnesses to address new developments. 

B. Detriment

At the 12-month hearing, “[a]fter considering the relevant and admissible 

evidence, the court shall order the return of the child to the physical custody of his or her 

parent or legal guardian unless the court finds, by a preponderance of the evidence, that 

the return of the child to his or her parent or legal guardian would create a substantial risk 

of detriment to the safety, protection, or physical or emotional well-being of the child.” 

(§ 366.21, subd. (f).) “Though usually the case, a parent‟s compliance with the case plan

is not a guarantee the child will be returned to the parent.” (In re Jacob P. (2007) 

157 Cal.App.4th 819, 830.) In determining detriment, the juvenile court “can consider, 

among other things: . . . properly supported psychological evaluations which indicate 

return to a parent would be detrimental to a minor [citations]; whether the natural parent 

maintains relationships with persons whose presence will be detrimental to the ward 

[citation]; instability in terms of management of a home [citation]; . . . limited awareness 

by a parent of the emotional and physical needs of a child [citation]; failure of a minor to 

have lived with the natural parent for long periods of time [citation]; and the manner in 

which the parent has conducted himself or herself in relation to a minor in the past.” 

(Constance K. v. Superior Court (1998) 61 Cal.App.4th 689, 704–705.) We review a 

juvenile court‟s finding of detriment for substantial evidence. (In re B.S. (2012) 

209 Cal.App.4th 246, 252.)

In its order, the juvenile court accepted that Mother had “largely complied” with 

her case plan by participating in substance abuse and domestic violence programs, 

parenting classes, and personal therapy and by remaining sober for at least 10 months. 
5

However, the court found, her “progress has been neither consistent nor substantial. 

What emerges from consideration of events throughout this case are patterns, unchanged 

over time, that include: engagement followed by disengagement, defiance of authority, 

and refusal to accept or apply information that Mother does not agree with.” As specific 

support for its conclusion, the court cited nine separate items of evidence, including 

Mother‟s failure to follow through in seeking treatment for M.M.‟s hearing loss and 

orthopedic needs, her reinforcement of M.M.‟s negative behavior, her failure to work 

with the Agency in addressing her lack of attention to the twins, continued concerns by a 

consultant for the safety and security of the minors, and her failure after 18 months to be 

deemed capable of unsupervised visits with them. To that could be added Mother‟s 

failure actually to complete a substance abuse program as a result of her inconsistent 

cooperation, her failure to internalize the material from the domestic abuse program, 

reflected in her continued intermittent contact with Father, her refusal to cooperate with 

efforts to avoid M.M.‟s exposure to plastic, and her insensitivity to M.M.‟s emotional 

needs in discussing with M.M. returning to Mother‟s custody, M.M.‟s father, and life 

with her foster family. The testimony of the Agency social worker that Mother had not 

ameliorated the problems leading to the minors‟ removal was well-supported. 

Despite several days of testimony and the juvenile court‟s written order explaining 

its decision, Mother‟s argument for a lack of substantial evidence is directed solely at the 

information provided in the Agency‟s 12-month report. Because the juvenile court was 

required by the express terms of section 366.21, subdivision (f) to makes its decision 

“[a]fter considering the relevant and admissible evidence,” our review must take into 

account both the information provided by the Agency in its reports and the testimony 

provided in the series of hearings the court conducted. To the extent Mother‟s petition 

addresses the juvenile court‟s rationale at all, it merely quibbles with the court‟s analysis, 

rather than demonstrating a lack of evidentiary basis for its finding. For the reasons 

discussed above, we find substantial evidence in that testimony to support the court‟s 

finding of detriment.
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C. Reunification Services

The law governing the provision of reunification services was summarized in 

Tracy J. v. Superior Court (2012) 202 Cal.App.4th 1415: “Family reunification services 

play a critical role in dependency proceedings. [Citations.] Reunification services should 

be tailored to the particular needs of the family. [Citation.] . . . [¶] The „adequacy of 

reunification plans and the reasonableness of the [Agency‟s] efforts are judged according 

to the circumstances of each case.‟ [Citation.] To support a finding reasonable services 

were offered or provided, „the record should show that the supervising agency identified 

the problems leading to the loss of custody, offered services designed to remedy those 

problems, maintained reasonable contact with the parents during the course of the service 

plan, and made reasonable efforts to assist the parents in areas where compliance proved 

difficult . . . .‟ [Citation.] „The standard is not whether the services provided were the 

best that might be provided in an ideal world, but whether the services were reasonable 

under the circumstances.‟ ” (Id. at pp. 1425–1426.) We review the juvenile court‟s 

finding of reasonableness under the substantial evidence test. (Amanda H. v. Superior 

Court (2008) 166 Cal.App.4th 1340, 1346.)

Substantial evidence supports the trial court‟s conclusion the services provided by 

the Agency were reasonable. Mother was provided access to a domestic violence 

program, individual psychological counseling, a substance abuse program, and a 

parenting education course, and she was given periodic supervised visits with the minors. 

Together, these were directed at precisely the problems that led to the decision to remove 

the minors.

Mother raises no genuine argument to the contrary. Other than an anger 

management course, Mother suggests no additional services that could have been 

provided. Because anger management was not cited as a reason for removing the 

children, the absence of that program does not render the services unreasonable. Mother 

contends the Agency was slow to respond to the court‟s September order extending her 

services, but Mother was already engaged in the various programs by that time and 

continued in her participation afterwards. She claims the Agency made no effort to assist 
7

her when compliance proved difficult due to conflicts of scheduling, but the Agency was 

not required to accommodate Mother‟s schedule.

The petition for an extraordinary writ is denied on the merits. (See Kowis v. 

Howard (1992) 3 Cal.4th 888, 894.) The decision is final in this court immediately.

(Cal. Rules of Court, rules 8.452(i), 8.490(b)(3).)

_________________________

Margulies, Acting P.J.

We concur:

_________________________

Dondero, J.

_________________________

Banke, J.