Raymundo S. / JD77777
Department of Family and Children's Services /
373 West Julian Street
San Jose, California 95110
Sally Social Worker
(408) 555-5555
DSS No. 0G00000
SUPERIOR COURT of CALIFORNIA
COUNTY OF Santa Clara
115 Terraine Street, San Jose, California 95110
JURISDICTION/ Disposition REPORT

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Hearing Date / Hearing Time / Dept./Room / Hearing Type/Subtype
07/06/2006 / 8:30am / 68 / Jurisdiction/ Disposition/ 300
In THE matter of
Name / Date of Birth / Age / Sex / Court Number
Raymundo S. / 12/2/1998 / 7 / M / JD77777
Krystal S. / 11/01/2003 / 2.5 / F / JD77771
Joseph S. / 5/20/2006 / 1 mo. / M / JD77772

Summary recommendation

The recommendation is that the petitions filed, on 6/13/06, on behalf of Raymundo, Krystal and Joseph S., be found true and that the children be declared dependents of the court. Family Reunification Services are recommended for the parents, Donna H. and Raymundo S.

CHILD(REN)’s whereabouts

The children are placed with their maternal grandmother and grandfather, Denise and Fred H.

Parents/Legal Guardians
Name/
Birthdate / Address/
Phone / Relationship/
To Whom
Donna H.
8/22/1978 / 67 Mapit St.
San Jose, CA 95000 / Mother/
Raymundo
Raymundo S.
05/01/1977 / Santa Clara County Main Jail
180 West Hedding Street
San Jose, CA 95110
Booking # 06000000 / Father (Alleged)/
Raymundo
attorneys
Name / Address/
Phone / Representing
Patricia B / 31 N. 2nd St., Ste. 325
San Jose, CA 95113 / Mother/
Donna H.
Mark A. / 31 N. 2nd St., Ste. 330
San Jose, CA 95113 / Father/
Raymundo S.
Fran A. / 70 W. Hedding
San Jose, CA 95110 / Children/
Raymundo, Krystal and Joseph S.

indian Child welfare act status

The Indian Child Welfare Act does not apply. On 6/13/06, the maternal grandmother, Denise H., informed the undersigned that the children do not have any Native American or Eskimo ancestry. At a meeting with the father at Elmwood, on 6/20/06, he stated that he is not aware of any Native American or Eskimo heritage in his family background.

Search results/history

Not Applicable.

legal history
300 WIC Subsection(s) (b)
Initial Removal / Initial Detention Order / Initial Jurisdiction Finding
6/9/06 / 6/14/06

Additional Legal History

Not applicable.

Reason for hearing

This case appears before the court for a Jurisdictional/ Dispositional Hearing pursuant to Welfare and Institutions Code section 300, subdivision (b). On 6/9/06, San Jose Police placed the children into temporary custody, pursuant to a protective custody warrant issued, on 6/8/06. The warrant was issued when the children’s and mother’s exact whereabouts became unknown, the day after the mother had signed a Voluntary Family Maintenance Agreement. At an Initial Petition Hearing, held on 6/14/06, the children were ordered detained by the Court.

PATERNITY/LEGAL RELATIONSHIPS

On 6/14/06, the court found Mr. Raymundo S. to be the father of Raymundo S., Jr., based on the declaration of paternity signed by Mr. S. upon Raymundo, Jr.’s birth. The court ordered that Mr. Raymundo S. participate in paternity testing regarding Krystal and Joseph, as he has made no claim of paternity regarding the two children. The request for genetic testing was submitted by this Social Worker, on 6/29/06.

Family law status

The family has had no involvement with Family Court.

Prior Child Welfare History

5-18-06

A referral was received at the DFCS Child Abuse and Neglect Center (CANC) with allegations that the mother had given birth the previous day to Joseph S., and a toxicology screen on the newborn was positive for methamphetamines. It was reported that the mother had no prenatal care and had no supplies for the baby. The father had visited the mother and infant at the hospital and appeared to be under the influence of drugs. An Emergency Response Social Worker made an in-person response at the hospital. The mother stated the she did have prenatal care. She acknowledged that she had used methamphetamines a month prior to delivery. The mother signed a Voluntary Family Maintenance Agreement, on 5/18/06. The following day, the Social Worker tried to contact the mother by phone, and the mother did not respond. The Social Worker was unable to contact the mother and children for the following two weeks, despite leaving phone messages and going to two addresses where the mother had stated she was or had been living. A Protective Custody Warrant was filed, on 6/8/06.

1/17/06

A referral was received at the DFCS CANC with allegations that Raymundo, Jr. was not attending school. He had been held back in the first grade, because he had only attended one week of school during his 1st grade year. An Emergency Response Social Worker made an in-person response to the home and school. The school reported that, during his current repeat of 1st grade, Raymundo, Jr. had 47 absences between Sept. and January and that the family had been referred to the School Administrative Review Board. The mother said that she was not able to get Raymundo, Jr. to go to school. The teacher reported that he was not a behavior problem at school, though he was the lowest performing child in the class. Raymundo said that he liked to go to school. The Worker and school staff attempted to remove any barrier to Raymundo’s school attendance. The allegations of the referral were substantiated and the referral was closed.

4/2/05-

A referral was received at the DFCS CANC with allegations that Raymundo, Jr. was being sexually abused by his maternal uncle. An Emergency Response Social Worker made an in-person response and interviewed the mother who said that she had concerns that Raymundo, Jr. was being sexually molested by his uncle. She had taken Raymundo to his physician for an exam, and the doctor found no indication of sexual abuse. The Social Worker interviewed Raymundo, Jr. who said his uncle had not touched him and he would tell if his uncle had done something. The Social Worker learned that the mother was feeling overwhelmed and that Raymundo had not been attending school regularly. The mother had just moved into Section 8 housing. The Worker offered the mother services and the mother initially accepted a referral to Gardner Family Program, but there was a waiting list. The mother declined further referrals for services. The referral was closed as unfounded.

5/28/04-

A referral was received at the DFCS CANC with allegations that the father took Raymundo, Jr. to a party without the mother’s consent and alcohol was served and the father was drinking there. After the party, the father went to the mother’s home, uninvited, and began throwing things around while Krystal, then 7 months, was in the room. In response to the referral, an Emergency Response Social Worker made an in-person response to the mother’s residence. The mother said that the father, who had been arrested and released, had spit in her face, and she denied that he was abusive or controlling. There was an active restraining order, which the mother wanted modified to allow peaceful contact. The ER Worker interviewed Raymundo, Jr. who confirmed he had gone to the party with his father. The referral was closed as inconclusive.

CRIMINAL HISTORY

Mr. S.’s criminal history includes, but is not limited to the following:

DATE / CHARGES / COUNTY /

DISPOSITION

10/27/97 / BP 25662(A): Poss of alcoholic beverage under the age of 21 / Santa Clara / Dismissed in the interest of justice
6/20/98 / BP25662: Minor possess alcohol / Santa Clara / Convicted- misdemeanor
1/9/99 / VC14601.1(A): Driving while privilege suspended / Santa Clara / Convicted- misdemeanor
6/24/99 / VC- Drive while lic suspend/etc / Santa Clara / Convicted: misdemeanor
8/14/02 / VC14601.1(A): Driving while privilege suspended / Santa Clara / Amended miscellaneous
8/14/02 / VC12500(A): Unlicensed driver / Santa Clara / Convicted- misdemeanor
8/14/02 / VC22526(A): Entering intersection without sufficient space to clear / Santa Clara / Dismissed/ View of plea
7/24/03 / VC14601.1(A): Driving while privilege suspended / Santa Clara / Convicted- misdemeanor
7/24/03 / VC24600(B): Tail Lights / Santa Clara / Dismissed/ View of plea
12/17/03 / VC14601.1(A) Drive while lic suspended/etc. / Santa Clara / Convicted
5/21/04 / PC 273A(B) Willful cruelty to child / Santa Clara / Convicted- misdemeanor
5/21/04 / PC 602.5(A) Enter/etc. non commercial dwelling / Santa Clara / Convicted- misdemeanor
5/21/04 / PC 243(E) Battery on noncohab former spouse/etc / Santa Clara / Convicted- misdemeanor
12/19/04 / PC 273.6(A) Violate court order to Prevent Domestic Violence / Santa Clara / Convicted
7/11/05 / HS11550(A): Under the influence of a controlled substance / Santa Clara / Convicted- misdemeanor
7/11/05 / VC14601.(A) Driving while privilege suspended / Santa Clara / Amended miscellaneous
7/11/05 / VC12500 (A): unlicensed driver / Santa Clara / Convicted- misdemeanor
7/11/05 / VC 2800(A): Fail to obey lawful order / Santa Clara / Convicted- misdemeanor
7/11/05 / PC 148(A)(1): Resisting arrest / Santa Clara / Convicted- misdemeanor
7/11/05 / VC 16028 (A):Fail to provide evid of fincl resp to peace o / Santa Clara / Convicted- infraction

Ms. H. has the following criminal history:

DATE / CHARGES / COUNTY /

DISPOSITION

12/03/05 / PC 273.5: Inflict corp inj. On spouse/cohab / Santa Clara / Pros rel- det only- other

Jurisdiction

Allegation b-1

On 6/9/06, San Jose Police placed the children, Raymundo, Jr., Krystal and Joseph S., into temporary custody pursuant to a protective custody warrants, issued on 6/8/06, when the children’s exact whereabouts became unknown, the day after the mother signed a Voluntary Family Maintenance Agreement;

Supporting Evidence

The protective custody warrants are attached and included as part of this report. The warrants outline the efforts made by the Social Worker to locate the family, after the mother had signed the Voluntary Family Maintenance Agreement, on 5/18/06. Also, see evidence under Allegation b-3 in this report.

Allegation b-2

further, a toxicology screen taken on the child, Joseph S., sibling of Raymundo and Krystal S., at the time of Joseph’s birth was positive for methamphetamines; further, the mother admitted to having used methamphetamines twice a week during the month prior to Joseph’s birth due to stress;

Supporting Evidence

Attached and included as part of this report is the Discharge Summary for Joseph S. from Regional Medical Center. The Summary indicates that the toxicology screen taken on Joseph was positive for methamphetamines.

Attached and included as part of this report is the Investigative Narrative written by Social Worker Carla M. and dated 5/18/06. In the Narrative, the Social Worker states that, during an interview with her, the mother admitted to using metamphetamines twice a week one month prior to delivery. The mother said that it was the first time she used methamphetamines, adding that she used because she was stressed.

Allegation b-3

further, on 5/18/06, the mother signed a Voluntary Family Maintenance Agreement, which included services such as parenting education, drug counseling and drug testing; further, the day following the signing of the Agreement, the mother evaded contact with the Social Worker, resulting in the Social Worker’s inability to make an in-person welfare assessment of the children for two weeks;

Supporting Evidence

After the Voluntary Family Maintenance Agreement was signed, the family failed to make contact with the Social Worker. Emergency Response Worker Carla M. left messages for the mother, on 5/19/06, 5/22/06, 5/27/06 and 5/28/06. She also left messages for the mother at the phone number of the maternal grandmother, on 5/19/06 and 5/28/06, and these messages were not returned. On 5/22/06, the Social Worker attempted in-person contact at the family’s most current address given by the mother, and, upon talking to a man who resided at the address, was told that the family did not live there. The Social Worker attempted an in-person contact with the family at the last known address and was not successful in locating the family. The Social Worker maintained contact with the father’s Deputy Probation Officer to assist in locating the family.

Allegation b-4

further, on 6/29/06, the results of a voluntary drug test to which the mother submitted were positive for methamphetamines and amphetamine;

On 6/29/06, the mother informed the undersigned that she had not used methamphetamines since Joseph was born (5/17/06). On that same date, 6/29/06, the mother submitted to a voluntary drug test at the DFCS office, the results of which were positive for methamphetamines and amphetamine. The specimen was sent to Redwood Laboratory for confirmation testing. Attached and include as part of this report is a copy of the test results from Redwood Laboratory, confirming that the mother had methamphetamines and amphetamine in her system, on 6/29/06.

Allegation b-6

further, there is one prior child neglect referral, from 1/17/06, that was substantiated for general neglect;

Supporting Evidence

The DFCS Investigative Narrative, dated 1/17/06, is attached and included as part of this report. The referral for general neglect was made because Raymundo S., age 7, was not attending school. During his first year of school, he had not attended classes, except for one week. And, though repeating first grade, Raymundo had 47 absences between September 2005 and January 2006. As of January 9th, Raymundo did “not know his letters” and could not “subtract simple numbers.”

Allegations b-6

further, the father has a criminal history which includes, but is not limited to, convictions for battery on noncohabitant former spouse and violating a court order to prevent domestic violence; further, the mother was the identified victim in these reports, and the battery included Mr. S. slapping the mother about the head, leaving a large bump and welts;

Supporting Evidence

Attached and included as part of this report is a copy of the San Jose Police Report:

  • # 07-777-7777 written by Officer C., dated5/21/04, in which the officer reports that upon observation, after arriving at the home, the mother was found to have a large bump on the right side of her head and three red welts on her neck.
  • #08-888-8888, written by Officer T., dated 12/7/04. The report states that, on 12/7/04, Mr. S. violated a Domestic Violence Restraining Order by breaking into Ms. H.’s apartment, removing money from Ms. H.’s wallet and fleeing.
  • #09-999-9999, written by Officer B., dated 12/19/04. The report states that on 12/19/04, Mr. S. violated a Domestic Violence Restraining Order and vandalized Ms. H.’s residence by breaking several windows. In the report, Ms. H. stated that while Mr. S. did not threaten or physically harm her, “he has in the past,” and she wanted him arrested for violating the Domestic Violence Restraining Order.

Allegation b-8

further, the children have been present during and observed physical altercations between the parents on multiple occasions in which the father has punched and scratched the mother, has dragged her by the hair and has pushed her down a flight of steps; further, this exposure has been emotionally damaging to Raymundo, Jr. and Krystal;

Supporting Evidence

On 6/12/06, Raymundo S. informed the undersigned that his parents always fight and that one time, his father pushed his mother down the stairs. Raymundo reports that his father “always punches” his mother, and that, one time, his mother scratched his father on the neck. On 6/12/06, Raymundo S. informed the undersigned that when his parents fight, he takes his sister Krystal into his room, where she hides in his closet.

On 6/12/06, the mother informed the undersigned that she and the father “argue a lot,” and “push each other.” She reports that the worst time was when he pushed her outside and dragged her by her hair. The mother acknowledged that Raymundo and Krystal have witnessed her and the father fighting, and that when this happens, “they just look at us.” The mother informed the undersigned that Raymundo, age seven, has told her, “How come you start in on him, mom? Just shut your mouth!”

It has been reported that Raymundo exhibits physical aggressiveness and defiant behavior. The maternal grandmother, with whom the children are temporarily residing, reported having repeatedly observed Raymundo hitting his sister Krystal, and being “really mean” to her. On another occasion, Raymundo used his legs to place his younger sister, Krystal, into a headlock. Further, on or around 6/11/06, Raymundo pushed Krystal’s face in a pillow and held her head down until he was made to stop. On 6/30/06, the undersigned was informed by the grandmother that, on one occasion, Raymundo approached his maternal aunt (age 15)’s boyfriend, also 15, and said, “What did I tell you about that? I’m going to kick your ass,” and proceeded to choke the teenager.

Allegation b-9

further, on 6/5/06, the father, Raymond S., was arrested for two outstanding warrants, and new charges that included possession of controlled substance paraphernalia; further, the father is currently incarcerated, as a result of the arrest;

Supporting Evidence

A review of the father’s criminal record, on 6/12/06, indicated that the father was arrested, on 6/5/06, for the above named charges. See the section entitled “Criminal History.” On 6/12/06, this Worker spoke to the father’s Deputy Probation Officer who informed the undersigned that Mr. S. was incarcerated, his anticipated release date is 7/5/06, and he will be on formal probation until 1/22/09.

Text entry of facts supporting each specific allegation.

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.).