Santa Clara County Social Services Agency / by nAFD143

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   Santa Clara County Social Services Agency /
 2 Department Of Family And Children Services

 3 373 W. Julian St.
   San Jose, California 95124
 4 Joe Social Worker
   C002
 5
   (408) 333-3333
 6 DFCS No. D99999

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 8
                                               SUPERIOR COURT OF CALIFORNIA
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                                                   COUNTY OF SANTA CLARA
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                                             115 Terraine Street, San Jose, California 95110
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                                                   JURISDICTION REPORT
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      Hearing Date                   Hearing Time            Dept./Room            Hearing Type/Subtype
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      07/13/04                       08:30am                 70                    Jurisdiction
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16 IN THE MATTER OF

17 Name                                                           Date of Birth     Age        Sex   Court Number
18 Hanna L.                                                       06/21/2004        1 mo       F     JD55555

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     SUMMARY RECOMMENDATION
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     It is respectfully recommended that the Court find the 300 petition filed, on 6/24/04, on behalf of the
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     child, Hanna L., to be true and find that the child comes within the provisions and description of the
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     Welfare and Institutions Code Section 300 (b).                      It is further recommended that the matter be
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     continued for disposition for receipt of paternity testing results conducted on an alleged father.
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25 CHILD’S WHEREABOUTS

26 Hanna continues to reside in a foster home that is also a concurrent home.

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     Confidential in accordance with Penal                Jurisdiction Report                                       1
28   Code Section 11167.5 and/or WIC                          09/30/2004
     Sections 827 and 10850.
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 1 Hanna L.                                                                                     JD55555

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     PARENTS/LEGAL GUARDIANS
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     Name/                                             Address/                       Relationship/
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   Birthdate                                          30 Madeup St.
                                                      Phone                           To Whom
 6 Amy L.                                             San Jose, CA 95128
                                                                                      Mother/
                                                                                      Hanna
                                                      (408) 999-9999
 7 07/06/1984
   Herman L.                                          30 Madeup St.                   Presumed Father/
 8                                                    San Jose, CA 95128              Amy L.
                                                      (408) 999-9999
 9 Thomas P.                                                                          Alleged Father/
10                                                                                    Hanna

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     ATTORNEYS
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     Name                                             Address/                        Representing
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     T. Morrissey                                     31 N.
                                                      PhoneSecond Street, Suite 335   Amy L./
14                                                    San Jose, CA. 95113             mother
                                                      (408)995-0442
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17 INDIAN CHILD WELFARE ACT STATUS

18 The Indian Child Welfare Act does not apply. On 06/25/04, this worker inquired of Mrs. L. if there is

19 any American Indian or Eskimo heritage in her family. Mrs. L. stated that there is none of which she

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     is aware.
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     LEGAL HISTORY
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     300 WIC Subsection(s)   (b)
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25 Initial Removal 6/22/04         Initial Detention Order   6/25/04
     6/22/042/09/06
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 1 Hanna L.                                                                                         JD55555

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 3 REASON FOR HEARING

 4 The child, Hanna L., age one month, appears before the court for a Jurisdiction Hearing on an

 5 amended 300 petition, filed 7/1/04, pursuant to Welfare and Institutions Code section 300 (b). A copy

 6 of the amended petition is attached hereto. On 6/22/04, the child was placed into temporary custody

 7 after a referral was received by the Department of Family and Children’s Services’ (DFCS) Child

 8 Abuse and Neglect Center (CANC) from Valley Medical Center staff. The medical staff person

 9 reported that the mother had given birth the previous day, and the mother did not appear competent to

10 adequately care for the child. The mother’s husband was not the biological father, and he refused to

11 have anything to do with the baby. An Initial Petition Hearing was held, on 6/25/04, and the child

12 was detained.

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15 PATERNITY/LEGAL RELATIONSHIPS

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     On 06/27/04, this worker conducted a face to face interview with the mother, Amy L., at the Santa
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     Clara County Department of Family and Children’s Services Office located at 373 W. Julian St., San
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     Jose, CA. During the course of this interview, this worker asked Mrs. L. to identify the father of the
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     child. Mrs. L. stated that her husband, Herman L., is not the biological father of Hanna. Mrs. L.
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     stated that she was already pregnant when she married Mr. L. and, in fact, was already pregnant when
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     she first met him. She said that she does not know the name of the man who might possibly be the
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     father of her child. Mrs. L. also stated that the man in question, the alleged father, could not provide
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     care for the child. When this worker inquired as to why he could not provide care for the child, Mrs.
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     L. stated that she is the one who has the breast milk.
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26

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     On 06/30/04, this worker conducted a telephone interview with the mother, Mrs. L. Mrs. L. stated
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 1 Hanna L.                                                                                      JD55555

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     that she does know the name of the alleged father, and his name Thomas P. Mrs. L. stated that she
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     engaged in unprotected sexual relations on three separate occasions with him. Mrs. L. stated that she
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     believes that more than likely Mr. P. is the father of Hanna because Hanna resembles him.
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 8 Mr. Thomas P. contacted this worker after having received a telephone call from Mrs. L. informing

 9 him that he may be the father of Hanna. Mr. P. serves in the military, and, at the time that Mrs. L.

10 contacted him, he was overseas. Mr. P. submitted to paternity testing, and this worker is awaiting

11 those results.

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14 Mr. L. is the presumed father of Hanna, as he and the mother were married at the time of Hanna’s

15 birth and continue to be married. Mr. L. stated that he is not the father of Hanna and he declined to

16 sign the birth certificate and the declaration at her birth.     Mr. L. also expressed his desire to

17 participate in paternity testing. This worker submitted the request but has not received results

18 regarding this testing.

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22 PRIOR CHILD WELFARE HISTORY

23 There is no previous Child Welfare History regarding this family.

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26 CRIMINAL HISTORY

27 A criminal record inquiry with regards to Mr. and Mrs. L. revealed no criminal history for either.

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 1 Hanna L.                                                                                          JD55555

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     JURISDICTION
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     Allegations
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 7 b-1

 8 On 06/22/00, the Santa Clara County Department of Family and Children’s Services placed the child,

 9 Hanna L., age two days, into temporary custody after the mother of the child, Amy L., exhibited

10 symptoms of a severe mental illness that interferes with her ability to parent, placing the child at a

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     high and serious risk of physical harm in her care;
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14 Evidence

15 Please refer to the attached copy of the:

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            Screener Narrative dated, 06/22/04
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             The Screener Narrative states that the Medical Social Worker from Valley Medical Center
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             called the DFCS CANC and stated that the mother had given birth, was acting paranoid, was
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             unapproachable and displayed no ability to take care of the child. In the presence of the Ob-
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21           Gyn, she spread the baby’s vagina open, said “Oh, it’s heart-shape, what to do with the

22           hymen?” The doctor told her not to do that. The mother was being seen by the head-

23           psychiatrist.
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            Investigation Narrative dated, 06/22/04
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             The Investigation Narrative written by DFCS social worker, Peter R., indicates that the
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             worker spoke to hospital staff, including the nurses, physician’s assistant and hospital social
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 1 Hanna L.                                                                                          JD55555

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 3           worker. According to the report, the mother had been acting very strangely, and the hospital

 4           staff was concerned that she could not care for the baby. In one instance, the mother spread

 5           the baby's vulva and was looking at the hymen and asked what to do with the hymen. The
 6           mother said she thought the hymen needed to be removed. As mother was spreading the
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             vulva, she poked at it. The mother told the nurse/ physician’s assistant that this is how her
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             molest started. The nurse told the mother to stop doing that to the baby and showed her how
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             to properly wipe the baby. After these incidents, the hospital did not let the mother alone
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             with the baby.
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13          Psychiatric Consultation dated 6/22/04, written by John Van Natta, M.D.
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             Dr. Van Natta's report states that his initial impression was that the mother suffers from a
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             schizotypal personality disorder. He states, “the patient has an odd way of using the
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17           language. Although she is not psychotic now, she does have a thought disorder.” He went on

18           to state that, “it is questionable how well the patient will care for child at home.”

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21          History Sheet and Progress Notes from Santa Clara Valley Medical Center dated, 6/21/04.

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24 b-2

25 further, the mother’s responses to the baby’s needs indicate a lack of understanding of infant care on

26 the part of the mother to the point of being detrimental to the well-being of the child;

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 1 Hanna L.                                                                                    JD55555

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 3 Evidence

 4 According to Valley Medical Center physician’s assistant, Helen P., interviewed by this social

 5 worker, on 6/22/04, the mother did not appear to know what to do with the baby when the baby cried.

 6 The mother laid the baby on the bed and stared at her as she cried, making no attempt to hold or

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     comfort the baby, until the nurse intervened to show the mother how to hold the baby. When the
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     baby would not stop crying after about 10 seconds, the mother laid the baby on the bed, again. The
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     nurse removed the baby to the nursery. On another occasion, the mother thought that the baby was
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     hot and she completely undressed the baby and placed the baby on top of baby wipes. The nurse felt
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12 the baby and found the baby’s skin to be cold. She had to tell the mother to dress her to keep her

13 warm.

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15 On 6/23/04, this social worker made an in-person contact with the baby and parents at the hospital.

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     The mother put her hand on the baby’s face, so this worker could not see her face. The nurse had to
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     tell the mother to remove her hand from the baby’s face, as her hand could inhibit the baby’s
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     breathing.
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     b-3
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23 further, Dr. John Van Natta a Psychiatric Resident at Santa Clara County Valley Medical Center

24 evaluated the mother and concluded that is initial impression is that the mother is suffering from

25 Schizotypal Personality Disorder;

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 1 Hanna L.                                                                                       JD55555

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 3 Evidence

 4 Please refer to the attached copy of the Psychiatric Consultation dated, 6/22/04.

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 6

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     b-4
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     further, the mother has at least a four year history of mental illness, has been hospitalized at least
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     three times as a result of mental illness and has had a variety of mental health diagnoses, including
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12 Schizophrenia, Post Traumatic Stress Disorder, Depression and Bipolar Disorder;

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14 Evidence

15 On 06/26/04, during a telephone conversation with Mrs. L., she stated that in the past she has had

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     various diagnosis including, Schizophrenia, Post Traumatic Stress Disorder, Depression, and Bipolar
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     Disorder. According to Mrs. L., she had only been given these diagnoses in order to enable her to
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     receive financial assistance from State Disability. Mrs. L. stated that if she does not receive State
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     Disability, she does not have source of income. She further stated that she has been hospitalized for
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21 psychiatric problems every year for the past five years. Mrs. L. stated that her first hospitalization

22 was on 03/15/00 and was due to her being “stressed and freaked out and it was a bad day.” Mrs. L.

23 stated that she did not believe that God loved her because, “I thought that I didn’t think I should

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     exist.” Mrs. L. stated that her mother became alarmed and took her to Kaiser for mental health
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     treatment, and she was released approximately two weeks later with medication. She said that she
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     was consistent with taking her medication for approximately three to four months but discontinued
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     use due to side effects. Mrs. L. stated that she suffered from too many side effects and she was not
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 1 Hanna L.                                                                                        JD55555

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 3 good at communicating with her doctor about how she was feeling. She said that she should have

 4 communicated better with how she was feeling.

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 6 Mrs. L. stated that she she was again hospitalized for about two weeks around April of 2001 and

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     went on to say that that the doctor provided her with medication because, by law, he had to. She
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     acknowledged that she was not consistent in taking her medication. Mrs. L. stated that she was again
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     hospitalized in 2002 and was treated by a Doctor Z. According to Mrs. L., Dr. Z. told her that she did
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     not need any more medication. Mrs. L. stated that she was hospitalized again in 2003 and in 2004.
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13 On 06/28/04, during a conversation with the maternal grandmother, Anna D., the grandmother

14 substantiated Mrs. L.’s statements regarding her hospitalizations. Mrs. D. further stated that she

15 asked Mrs. L. to move out of her home because Mrs. L. refused to comply with medication.

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     This worker has requested copies of Mrs. L.’s psychiatric records but to date has not received them.
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20 b-5

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     further, the presumed father of the child, Herman L., states that he is not the father of the child and
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     refuses to take responsibility for the care and supervision of the child; further he states that he is
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     concerned for the child’s safety, if she is left alone in the mother’s care.
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 1 Hanna L.                                                                                          JD55555

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 3 Evidence

 4 Please refer to the attached copy of the Investigation Narrative dated, 6/23/04. Hospital staff reported

 5 that Mr. L. refused to sign the birth certificate or declaration of paternity, because, as he stated to

 6 them, he is not the father of the child. During a conversation with Mr. L., on 6/25/04, he stated to this

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     social worker that he cannot care for the baby and had not planned on providing care for the child on
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     his own. Mr. L. stated that he is willing to provide financially for the baby, but not unless Mrs. L. is
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     able to provide for the daily physical needs of the child. Mr. L. stated that, at this point, he is
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     concerned for the infant’s safety, if left in the care of Mrs. L., when he is absent from the home. Mr.
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12 L. stated that if he were to take the baby home, he knows that all of the responsibility in providing

13 care for the baby would fall on his shoulders, and he is not in a position to assume this role.

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15

16 b-6

17 further, the mother states that a man, Thomas P., is the biological father of her child, and Mr. P. does

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     not believe he is the child’s father and refuses to take any responsibility for the child, unless he is
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     proven to be the father.
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     Evidence
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23 On 6/30/04, this worker spoke to the alleged father, Thomas P. who stated that he had dated the

24 mother briefly during which time they had sexual intercourse. Mr. P. stated that he has no way of

25 knowing if he is actually the child’s father and that he will not assume any responsibility for the

26 child, pending the results of a paternity test with which he has cooperated.

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 1 Hanna L.                                                                                   JD55555

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 4 ASSESSMENT/EVALUATION

 5 Appearing before the court is one month old, Hanna L., who was placed into temporary custody when

 6 it was found that her mother appeared to suffer from a mental illness and, as a result, could not

 7 provide adequate care and supervision for the baby. The mother’s husband states that he is not the

 8 child’s biological father and does not want to accept responsibility for the child. Another man has

 9 been named as the alleged father, and he has cooperated with paternity testing. The results are

10 pending. The child is placed in a concurrent family home and appears to be making an adequate

11 adjustment.

12

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14 Mrs. L., though seemingly not able to care for the baby, appears to have affection for her and wants

15 the baby returned to her care. She had kept her scheduled visitation with the baby and has been

16 cooperative with this worker in all other aspects.

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19 Mrs. L. appears to be suffering from a mental health condition that interferes with her ability to

20 provide daily care for the child. Mrs. L.’s actual diagnosis is not known, but what is known is that

21 she has had multiple hospitalizations due to her mental health condition, and she has been given a

22 variety of mental health diagnoses. She has made no statement of acceptance that she suffers from a

23 mental health problem or that these problems could interfere with her ability to care for her child.

24 Her account of the reason for the diagnoses was so that she could receive State Disability Insurance

25 (SSI). Mrs. L. has reportedly been provided with medication to treat some her mental health

26 conditions, but she has been inconsistent in her compliance with taking the medication. According to

27 her statements, she stopped taking her medication because of the unpleasant side effects. She

28 acknowledges that she should have communicated better with her doctor regarding the side effects,
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 1 Hanna L.                                                                                        JD55555

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     rather than just stopping the medication.
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 6 In order to secure an accurate diagnosis regarding Mrs. L.’s mental health condition, this worker

 7 recommends that Mrs. L. participate in a psychological evaluation.             Additionally, there is a
 8 possibility that Mr. Timothy P. is the biological father of the child. If he is found to be the father of

 9 the child, consideration regarding releasing the child to his custody will have to be extended to him.

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12 It is this worker’s recommendation that jurisdiction over the child be declared and disposition be

13 continued for receipt of the paternity test results which are pending.

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15

16 ATTACHMENTS

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18 The attachments identified in this report are attached hereto and incorporated herein by this reference.

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20 1. Screener Narrative, dated 6/22/04

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     2. Investigation Narrative, dated 6/22/04
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23 3. Psychiatric Consultation, dated 6/21/04

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     4. Santa Clara Valley Medical Center History Sheet and Progress Notes
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 1 Hanna L.                                                                JD55555

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 5 RECOMMENDATION

 6 Please refer to the attached Recommendations.

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 8 Respectfully Submitted,

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        Joe Social Worker, Social Worker III, C002 (408) 333-3333   Date
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15      Sam Social Work Supervisor, (408) 444-4444                  Date
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