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In re Tamaria T.3/4/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Gloria T. (Mother) appeals from a hearing under Welfare and Institutions Code sections 366.21 and 366.22. The juvenile court terminated her reunification services and ordered that two of her children be released to their father, Walter S., and one of her children be placed in long-term foster care. We find no error and, accordingly affirm the juvenile court's orders.
FACTUAL BACKGROUND
Mother and Walter S. (Father) have three children - Tamaria, Tremayne, and Trinity (Children). Mother has five other living children and was the subject of ten referrals to the social services agency in Minnesota. Mother initially voluntarily requested assistance from the Minnesota social services agency with her older sons' (half-siblings) extreme behavior problems including truancy and fire-setting. According to a Department of Children and Family Services (DCFS) interim report, Mother told her social worker in Minnesota that she had fears of killing her children.
During the Minnesota proceedings, three separate allegations of sexual abuse were sustained against Mother's children. The record does not clarify whether the same perpetrator was involved in each. At least one incident involved one of Mother's sons sexually abusing his sister. The case was closed when Mother moved to a different county.
Mother describes herself as suffering from a heart condition, a stroke, temporary paralysis, seizures, blackouts, a dislocated shoulder, migraine headaches, a herniated disk, kidney stones, bursitis, and tendonitis. Following Mother's application under the Social Security Act for supplemental security income payments, an administrative law judge found that mother suffered from fibromyalgia, degenerative joint disease of lumbosacral spine with radiculopathy, migraine cephalgia, chronic fatigue, irritable bowel syndrome, memory impairment, and major depression. The administrative law judge further found Mother needs help with her personal care. According to Mother, she takes several medications including Remeron, Trazidone, Prilosec, Darvocet, and extra strength Vicodin. A printout from one pharmacy Mother used indicated she was taking Prochlorperazine, Vicodin E.S., Ibuprofen, hydrocortisone cream, Lonox, Imitrex, Prilosec, Klor-Con, Carisoprodol with codein, Etodolac, Propoxy-N, and Diphenhist, and Cyclobenzaprine, and Remeron.
In 1996, shortly after Father commenced court proceedings to obtain visitation rights, Mother and Children moved from Minnesota to Florida. According to one of Mother's therapists, Mother left Minnesota "in an effort to rescue her children from visits with their father which were ordered by a Family Law Court." In April 1999, Mother returned to Minnesota because, according to Mother, her "doctors in Florida were baffled with what they could do for me, so I thought they were more expert in the Mayo Clinic."
Mother was not satisfied with the care she received at the Mayo Clinic, and, after spending three months in Minnesota, moved with Children to California. Mother never informed Father of the Children's whereabouts.
Tamaria, Tremayne, and Trinity Are Detained And Become Dependents of the Juvenile Court
In November 1999, Children were referred to DCFS because of Mother's probable somatoform disorder, but the referral proved inconclusive and was close
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