Wednesday, June 26, 2013

In Re S.E. (Cal. Ct. App. - June 26, 2013)

I'm a bit fearful that I may well be perceived as completely lazy if all I do today is quote some opinions.  But I'm going to do it anyway.  Because the things really speak for themselves.

Like this one.

"On April 16, 2008, DCFS received a referral alleging neglect of S.E. (born Oct. 2005)by Mother. The list of medical concerns for the boy included: failure to thrive/oral aversion, delayed speech, anemia, eczema, undescended testes, severe tooth decay, and asthma. Mother signed a voluntary family maintenance contract but, over the ensuing months, she repeatedly failed to adequately care for him and told social workers that her religious beliefs were not compatible with conventional medicine. . . .

On April 25, 2009, the parents abducted S.E. from the site of a monitored visit. The court issued a protective custody warrant for S.E. and arrest warrants for the parents. . . . On February 20, 2011, Father was arrested in New Orleans and provided information as to the whereabouts of Mother and S.E. On March 4, Mother and S.E. were located in the New Orleans area and Mother was arrested. DCFS picked up S.E. and transported him back to Los Angeles, again placing him with the maternal grandparents.

In its disposition report, DCFS recommended that no reunification services be provided to the parents pursuant to section 361.5, subdivision (b)(15), which states that reunification services may be denied when a parent abducts the child from his or her placement and refuses to disclose the child‟s whereabouts or return the child to his or her placement or the social worker. DCFS noted that the physical problems S.E. had at the time of his initial detention were not addressed during the two years following his abduction. The child continued to be at risk for failure to thrive, as he had gained only five pounds in two years. DCFS informed the court that S.E. was in therapy to address issues related to past trauma and separation from his parents. The therapist told the social worker, 'There has been no progress in meeting the goals. He continues to be mute in all environments outside his home and immediate family.' The child was extremely fearful, which the therapist attributed to mental health issues and lack of trust."