Department of Family and Children's Services /
Department of Family And Children Services
373 West Julian Street
San Jose, California95110
Donna Social Worker
(408) 975-0000
CL00Donna Social Worker
DSS No. 099999
SUPERIOR COURT of CALIFORNIA
COUNTY OF Santa Clara
115 Terraine Street, San Jose, California95110
388 Petition Hearing Report
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Hearing Date / Hearing Time / Dept./Room / Hearing Type/Subtype4/30/2009 / 8:30 a.m. / 68 / Request to Change Court Order –
Guardianship Modification
In THE matter of
Name / Date of Birth / Age / Sex / Court Number
Derrick G. / 3/4/1994 / 15 / M / JD 00000
Summary recommendation
The recommendation is that the court grant the Request for Change of Court Order filed on 3/13/09, by the child's guardians, Paul and Janice P., to terminate the guardianship.It is further recommended that dependency be reinstated for the child, DerrickG., with placement of the child in the home of his maternal aunt, Patricia E., and that the child receive permanency planning services from the Department of Family and Children's services under a plan of planned permanent living arrangement.
CHILD(REN)’s whereabouts
Enter the circumstances of the child(ren)’s whereabouts, but DO NOT disclose the address detail if the child is in a licensed foster family home which is exercising its right for its address to remain confidential pursuant to §308(a) WIC or if the court has entered a non-disclosure or confidential placement order.
The child, Derrick G., currentlyresides with his guardians, Paul and Janice P. Mr. and Mrs. P are the maternal aunt and uncle of Derrick. They reside at999 Main Street, San Jose, Ca 95555.
Parents/Legal GuardiansName/
Birthdate / Address/
Phone / Relationship/
To Whom
Kristina G.
03/07/1974 / Confidential Address. / Mother/
Derrick G.
James G.
05/13/1972 / 999 Main St.
San Jose, CA99999 / Father (Presumed)/
Derrick G.
attorneys
Name / Address/
Phone / Representing
Mark Attorney / P.O. Box 111
San Jose, CA95000
(408) 999-0000 / Derrik G.
Karolyn Lawyer / P.O. Box 112
San Jose, CA95000
(408) 999-0001 / Kristina G.
Thomas Rep / P.O. Box 113
San Jose, CA95000
(408) 999-0002 / James G.
Santa ClaraCountyDeputyCounty Counsel / P.O. Box 114
San Jose, CA95000
(408) 999-0003 / Child Welfare
indian Child welfare act status
The Indian Child Welfare Act does not apply. In a Jurisdictional/Dispositional Hearing Report dated
9/09/2000, the social worker reported that she spoke to the mother on 8/3/2000, and the mother stated
that there is no Indian heritage in her family. The social worker further reported that, during a
conversation with the father on 8/4/2000, he also stated that there was no Indian heritage in his
family.
legal history300 WIC Subsection(s)
Derrick - 300(b),(g)
Initial Removal / Initial Detention Order / Initial Jurisdiction Finding
8/3/2000 / Derrick–8/6/2000 / Derrick – 9/13/2000
Initial Disposition Order / Initial 364 FM Review / Second 364 FM Review
9/13/2000
Initial 366.21(e) – 6 Month FR Review / Initial 366.21(f) – 12 Month FR Review / Initial 366.22 – 18 Month FR Review
Derrick – 3/20/2001 / Derrick – 9/6/2001
FR Services Terminated / Non-Reunification Ordered
Derrick – 1/3/2002
Initial Permanent Plan: Type/ Date Ordered / Current Permanent Plan: Type/ Date Ordered
Derrick – Guardianship 3/1/2002
Additional Legal History
The parents are divorced, the final divorce decree was filed in Santa Clara County Superior Court on 4/8/2005.
Reason for hearing
Enter reason for this hearing and any other necessary information based on local practice.
This matter appears for a 388 Petition Hearing pursuant to Welfare and Institutions Code § 388.
On 3/1/2002, the court ordered a plan of guardianship for Derrick G. with his maternal uncle and aunt. Dependency was dismissed on that date. On 3/7/2009, the guardians filed a Request to Change Court Order (JV-180) requesting that they be relieved as the guardians of Derrick, because they were finding it difficult to manage his behaviors that included his alleged use of illegal drugs. The court set a hearing on the matter for 3/15/2009. Counsel was appointed at the 3/15/2009 hearing, and the case was continued to 4/30/2009 to allow time for the Department of Family and Child's Services to conduct an investigation and prepare a report to the court with recommendations.
SUMMARY OF CHILD WELFARE HISTORY
The child, Derrick G., was placed in temporary custody in August 2000 as a result of neglect related to drug use by both parents. A petition alleging serious neglect was sustained under Section 300 (b) of the Welfare and Institution Code on 9/13/2000. Derrick was made a dependent on the same date. The parents both signed a case plan on 9/13/2000 in which they agreed to participate in the following services: in-patient drug treatment, drug testing, and parenting education.The father was incarcerated, and he did not participate in services.The mother entered a 30-day in-patient drug treatment program in November 2000 and completed the program in December 2000. She subsequently began out-patient counseling and a program of parent education. A Status Review Hearing was held on 3/6/2001. The court ordered continued drug counseling and testing for the mother. The father remained incarcerated and had attended AA meetings offered through the CountyJail. In July 2001, the mother was arrested for possession and being under the influence of an illegal substance and served a six months of a one-year sentence at the county jail. She was released in December 2001. At a Permanency Planning Hearing on 9/30/2001, family reunification services were terminated.
Upon his initial removal from his parents' home, Derrick was placed in an Emergency Satellite
Home.After three weeks, on 9/16/2000, he was placed in the home of his maternal aunt and uncle
where he has lived since.The aunt and uncle were established as Derrick’s guardians on
March 1, 2002. Adoption was not pursued as the child was 8-years-old and had a close relationship
with his mother.
Current circumstances
Statement of the Guardian
The guardians are the child's maternal aunt and uncle.They live in a three bedroom / two-bath home
in a residential neighborhood of San Jose.The uncle is employed as a postal carrier and the aunt is a
retail clerk at a major department store.The child has lived with the guardians for the last 7 years,
having been 8 years old when the guardianship was established.
During an interview with the guardians on 3/29/09, the guardians stated to the undersigned social worker that they filed the request to have the guardianship terminated because they are having difficulty addressing the child's behaviors. They stated that they love Derrick and have worked to provide him with the support and care needed to build his character. They said that in the past year-and-a-half, Derrick has become poorly motivated, uninterested in school, and involved in behaviors that have resulted in an overnight stay at Juvenile Hall.The guardians said that they have found Derrick under the influence of alcohol and marijuana, and that, on one occasion, he stole $50 from the guardian mother's purse and gave it to his older brother. On 3/16/09, he was arrested for petty theft after leaving the home late at night without permission. They noted that despite tutoring services, Derrick received failing grades in major subjects on his last report card.
The guardians enrolled Derrick in counseling at Alum RockCounselingCenter in January 2009, and Derrick participated in counseling for 6 weeks but refused to continue.At thisjuncture, the guardian aunt and uncle state that they do not have the resources to address Derrick’s risky behaviors and believe that Derrick will be better served under the supervision of the court.
Statement of the Child
During an interview with Derrick on 4/1/02, Derrick stated to the undersigned that he does not want to leave the home of his guardians, because he likes living with his aunt and uncle.He said that his guardians have been good to him. When asked in what way they have been good to him, he pointed out that he has his own room and computer.He has also enjoyed going with them on yearly summer vacations.He states that if he has to leave the guardian home and has a choice, he would like to live with his mother so that he would be with his brother and sister. He is “okay” going to live with his Aunt Patricia who has come forth as a placement for Derrick and, if that happens, he hopes to be able to spend time with his cousins, the adult sons of Patricia E.
Derrick acknowledged that he has used drugs and alcohol on a few occasions and was recently arrested on one occasion for stealing junk food and beer from a convenience store. When asked about the stealing, Derrick stated that he was just “trying to see if I could get away with it.” He stated that though he knows that his guardians have been disappointed in his behavior, he had hoped they would give him another chance to demonstrate his willingness and ability to stay out of trouble.
Statement of the Mother
During an interview with the mother on 4/4/09, she stated to the undersigned that she understands why the guardians are requesting that the guardianship be terminated but stated that it seems like the guardians are "just giving up on Derrick."She noted that Derrick is going through his teenage years and some problems should be expected.She said that she thinks that the guardians had spoiled Derrick when he was younger by giving him "almost everything he asked for," so now it is hard for him to follow rules.The mother stated that she cannot provide care and supervision for Derrick in her home at this time, but now that he will no longer be living with her sister and brother-in-law, she will work towards getting him back home.
Statement of the Father
The undersigned spoke to the father on 4/11/09. He stated that he “saw this coming” as he had gotten phone calls from Derrick when Derrick had gotten into trouble. The father resides with his current wife and two children, Derrick’s half-siblings. He stated that he has been unemployed for the past 5 months and cannot care for Derrick at this time. He would like to have visitation with Derrick.
evaluation of child
Medical
Derrick was seen by a doctor on 8/2/08 for an examination prior to the beginning of the last school year.The doctor reported that the child's health is good in all areas.He is current on his immunizations.Derrick has no history of any serious physical illnesses or hospitalizations.His last dentist visit was on 9/7/08 when he received one filling for a cavity.
Derrick was diagnosed with ADHD in March 2004, and he currently takes 54 mg of Concerta for the condition. His medication is monitored by Dr. Martin S.
Developmental
Derrick appears developmentally appropriate for his age, 15 years old.His peer group is important to him, and he lists two other youth as his best friends.Listening to music and playing video games predominate his spare time. At our meeting, Derrick was polite and, upon my request, was able to articulate his feelings about the current situation regarding possibility that he will have to leave the home of his aunt and uncle.
Educational
Derrick attends HilltopHigh School and is in the 10th grade. His most recent report card shows him to be failing in math, history, and science. He received C’s and D’s in all other courses. The school counselor reports that Derrick is not working up to his capabilities as he has tested in the high average range. This is the first year that Derrick has struggled with school work. Last year he received mostly C’s in all subjects. The undersigned spoke to the school counselor on 4/20/09, and the counselor stated that Derrick may attend summer school to earn credits so that he may promote to the 11th grade.
Educational Rights
Currently, the guardians hold educational rights for Derrick. Upon dismissal of the guardianship, they will no longer have legal or physical custody of Derrick. Derrick’s aunt, Patricia E., has come forth as a prospective placement for Derrick. Ms. E. has stated that she is willing to assume educational representation for Derrick. A copy of the Educational Representative Appointment (JV535) naming Ms. E as Derrick’s Educational Representative is attached to this report for the court’s signature.
Mental and Emotional
Derrick reports that he feels happy most of the time except when his uncle and aunt “get on” him for his grades. He says that though he has used drugs and alcohol a few times, it was just because his friends had it. He states that he has never purchased drugs or alcohol. He has attended Alateen meetings because his guardians wanted him too but said that he stopped going because he was not getting anything out of them. He does not believe he has a problem with drugs or alcohol use. During my interview with him, Derrick’s demeanor was mostly animated, though he became subdued when discussing his arrest.
PROSPECTIVE PLACEMENT
The maternal aunt, Patricia E., has come forth as a placement for Derrick. Ms. E. is retired after working 26 years as a cook at a local middle school. In an interview with Ms. E. on 4/8/09, she stated to the undersigned that she is willing to give Derrick an opportunity to show that he is ready to “turn himself around.” Ms. E. has two adult sons who visit her frequently and whom she believes Derrick looks up to. She is hoping that their influence will help Derrick to “straighten up.” Her home was fully approved on 4/16/09. It is a four bedroom/ two-bath, nicely furnished single family dwelling. Derrick would have his own bedroom and would be expected to help out with chores around the home. Ms. E. is not willing to assume guardianship for Derrick at this time.
A Team Decision Making Meeting (TDM) was held on 4/18/09. It was attended by the guardians, the mother, Derrick, Ms. E., the school counselor, and Robert E., one of Ms. E.’s adult sons. At the TDM, the recommendation was made for Derrick to be placed with the maternal aunt.
VISITATION
The mother has been having unsupervised visits with Derrick, with several occurring in her home. The guardian uncle and aunt state that the mother has been doing well over the past year in staying away from drugs, so they have been more trusting in allowing visitation between her and Derrick. The guardians report that the father has not visited Derrick during the time that they have been his guardian, however, Derrick calls him periodically and conversations seem to go well.
The recommendation for visitation is for bi-monthly unsupervised visitation for up to 24 hours between the mother and Derrick which would include overnight visits. Visits with the mother would include Derrick’s brother and sister, and the recommendation is to allow unsupervised visits with them.
The recommendation for visitation between the father and Derrick would be for monthly visits supervised by the aunt, Patricia E. A recent criminal history check of the father shows no arrests during the past five years. Ms. E. states that she knows the father and would be willing to supervise visits at a location away from her home.
Derrick’s guardian aunt and uncle have asked to have ongoing visitation with Derrick. They would like to take him with them when they go to YellowstoneNational Park this summer if he completes summer school. The recommendation is to allow unsupervised visits between Derrick and his current guardians.
ASSESSMENT AND EVALUATION
The matter before the court is a request to terminatethe guardianship of 7 years of Derrick G. The request was filed by the guardians, Paul and Janice P., who state that they do not have the resources to address Derrick’s behaviors and believe that Derrick will be better served under the court’s supervision.
The guardians and Derrick do appear to have a genuine affection for one another. The aunt put her arm around Derrick’s shoulder during interviews the undersigned had with all three together. The uncle and Derrick smiled at each other. The ending of the guardianship seems a sad resolution for all of them. But, the guardians remain adamant that they are not willing to be responsible for increasingly delinquent behaviors by Derrick. Derrick is very fortunate to have an extended family that continues to want to support him. Another aunt has come forward for placement but has made it clear that she will not tolerate a continuance of his detrimental behaviors, and she believes he has the capacity for making better choices. Derrick appears to understand these terms and states that he wants to show his family that he can do the right thing. The school counselor reports that Derrick does have the capacity for doing better in school, and Derrick states that he plans to attend summer school to make up some of his grades so he can be promoted to the 11th grade in the coming school year.