page #24
1 That the parent, is to comply with her service agreement outlined in the report;

2 That the parents be advised that because the child, Leslie McDowell, is over the age of

3 three years, services will not extend beyond twelve months from the date the child entered

4 foster care, unless the Court finds there is a substantial probability the child will be returned to

5 the parents' custody;

6 That the parents be advised that in no case shall reunification services be extended

7 beyond August 19, 2004, eighteen months from the date the child was originally removed from

8 their physical custody;

9 That the Court continue the matter to September ~8, 2003, for Review.

10 DATE: March 17, 2003

11 Respectfully submitted,

12

13

14

Bob Harper Pamela Berlanga, M.S.W.

15 Court Services Supervisor Juvenile Court Investigator


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page #23
1 That there is a substantial danger to the physical health, safety, protection or physical or

2 emotional well-being of the child, or would be if the child was retumed home;

3 That there are no visible means by which the child's physical health can be protected

4 without removing the child from the child's parents' physical custody;

5 That the child's care, custody, control and conduct be committed to the care of the

6 Human Services Department for suitable placement pursuant to Welfare and Institutions Code

7 Section 362(a);

8 That the Human Services Department may authorize such medical, surgical,

9 psychological, or dental care for the child, by licensed practitioners, as may from time to time

10 appear necessary;

11 That reasonable efforts were not made to prevent or eliminate the need for removal but

12 that failure to make such efforts was reasonable under the circumstances;

13 That the case of Leslie McDowell is found to not be an ICWA case;

14 That the child's placement is necessary and appropriate;

15 That the child's care, custody, control and conduct be committed to the care of the

16 Human Services Department for suitable placement pursuant to Welfare and Institutions Code

17 Section 362(a);

18 That the Human Services Department may authorize such medical, surgical,

19 psychological or dental care for the child, by licensed practitioners, as may From time to time

20 appear necessary;

21 That the· child may be detained in the Valley of the~l\lloon Children's Home pending

22 suitable placement;

23 That support for said child, while suitably placed, shall be paid from Human Services

24 Funds for Care of Court Dependents unless the child becomes eligible for public aid;

25 That the parents have been advised of the option to participate in adoption planning and

26 to voluntarily relinquish the child for adoption;
20

page #22
1 SERVICE PLAN: It is recommended that Carolyn McDowell participate in the following plan for

2 service:

3 1. Participate in a psychological evaluation to determine other services, which

4 may be valuable to her and follow all resulting recommendations.

5 2. Participate in individual therapy as directed by the Social Worker.

6 3. Participate in a parent education program as directed by the Social Worker.

7 4. Participate in a domestic violence program as directed by the Social Worker.

8 5. Secure and maintain stable housing and a stable source of income.

9 6. Visit consistently and on time with her daughter at the direction of the Social

10 Worker.

11 7. Cooperate with the assigned Social Worker accepting all referrals for

12 services, keeping the Social Worker informed of all changes in

13 circumstances (i.e., changes in housing, household composition,

14 participation in services, etc.), and signing all requested consents for

15 release of information.

16 8. Meet at least monthly with the worker and keep him/her informed of changes

17 in circumstances.

18 RECOMMENDATIONS: It is respectfully recommended that the allegations of the Amended

19 Petition dated, February 25, 2003, on behalf of the child, Jackeline Padilla, be sustained and

20 that the Court make the following findings:

21 That the child be found, by a preponderance of the evidence, to come within Welfare

22 and Institutions Code Section 300(a/b/g);

23 That all proceedings on behalf of Jackeline Padilla are dismissed.

24 DATE: March 17, 2003 Respectfully submitted,

25

26
Bob Harper Pamela Berlanga~ M.S.W.
Court Services Supervisor Juvenile Court Investigator


19

page #20
1 SERVICE PLAN: It is recommended that Carolyn McDowell participate in the following plan for

2 service:

3 1. Participate in a psychological evaluation to determine other services, which

4 may be valuable to her and follow all resulting recommendations.

5 2. Participate in individual therapy as directed by the Social Worker.

6 3. Participate in a parent education program as directed by the Social Worker.

7 4. Participate in a domestic violence program as directed by the Social

8 Worker.

9 5. Secure and maintain stable housing and a stable source of income.


10 6. Visit consistently and on time with her daughter at the direction of the Social


11 Worker.

12 7. Cooperate with the assigned Social Worker accepting all referrals for

13 services, keeping the Social \Alorker informed of all changes in

14 circumstances (i.e., changes in housing, household composition,

15 participation in services, etc.), and signing all requested consents for

16 release of information.

17 8. Meet at least monthly with the worker and keep him/her informed of

18 changes in circumstances.

19 RECOMMENDATIONS: It is respectfully recommended that the allegations of the Amended

20 Petition dated, February 25, 2003, on behalf of the child, Leslie McDowell, be sustained and

21 that the Court make the following findings:

22 That the child be found, by a preponderance of the evidence, to come within Welfare

23 and Institutions Code Section 300(a/b/g);

24 That the child be declared a dependent of the Juvenile Court;

25 That there is clear and convincing evidence that the child should be removed from her

26 parents' physical custody based on the following:


19

page #19
1 her abusive, drug abusing husband for so long. The damage that this exposure can do to

2 children is well documented in the literature. While Ms. McDowell herself does not engage in

3 this activity, she allows her husband who does engage in this behavior to live in her home with

4 her children, thus providing them with a front row seat to erratic and out of control behavior as

5 well as domestic violence.

6 Ms. McDowell has told this investigator that she has family in Los Angeles and that she

7 would like to return to this area in order to have them close by when she and her children are

8 in need. This investigator supports this. Nothing can take the place of supportive family when

9 one is in need.

10 Ms. McDowell's desire to be surrounded by supportive family, not withstanding, Leslie

11 appears to be in need of much more help than her mother, even apart from Mr. McDowell, can

12 offer. She is angry and depressed and is engaging in risky, potentially self destructive

13 behavior. Leslie has expressed some suicidal thoughts or, at the very least. utter disregard for

14 what happens to her. This combination, together with an expressed interest in gang life is a

15 formula for trouble. For the time being, Leslie needs to be in a therapeutic environment where

16 her anger and depression can be understood and addressed. Leslie will need to get a handle

17 on her feelings so she can exercise good judgment and make healthy choices.

18 Jackeline has been exposed to the same environment, but has faired somewhat better.

19 She is almost eighteen and seems to be managing her life reasonably well. She does not

20 seem to need the Court's protection. Her relationship with her mother is much different than

21 her sister's, and Mr. McDowell is no longer in the home.

22 This worker recommends Family Reunification Services be offered to Carolina

23 McDowell regarding her daughter Leslie McDowell.

24 This worker recommends that Services not be offered to Wayne Anthony McDowell or

25 to Cesar Roberto Padilla. Mr. McDowell's whereabouts remain unknown.

26

page #18
1 2003. Leslie was deemed not appropriate for adoption at this time.

2 ICWA: Carolina McDowell states that her husband may be part Native American. His biological

3 parents may have some Native American ancestry. Mr. McDowell was not raised by them.

4 The names of his biological parents are: Wesley McDowell and Gloria Rivers, and they may

5 be members of an Indian Tribe. Carolina McDowell does not know how to contact them. The

6 undersigned requests the Court find this is not an ICWA case.

7 RELATIVE PLACEMENT: There does not appear to be any appropriate relative to care for

8 Leslie at this time.

9 VISITATION: Carolina visits with Leslie at the Children's Home two times a week. Leslie also

10 accompanies her mother to church services on Friday evening. Staff report that both Leslie

11 and her mother appear to enjoy their time together. They also have telephone calls

12 approximately four times a week.

13 ASSESSMENT: Before the Court are two teenage girls who appear to have been living in a

14 home plagued by domestic violence for a long time. Carolina McDowell, by her own admission,

15 has said many times that she should leave, divorce or separate from her husband, but she has

16 not done so. Now her daughter has been removed from herhome and both of her children are

17 before the Court.

18 In December 2002 , after an incident where Mr. McDowell hit her with a doorknob,

19 Carolina obtained an EPO . Prior to Mr. McDowell's release from jail, Carolina was notified

20 that the EPO was going to run out and she would have to file for a longer restraining order.

21 Carolina stated that she did not extend the restraining order because both girls were angry at

22 her for having father arrested so she didn't want to make the situation worse.

23 Mr. McDowell has a long standing substance abuse problem. Carolina stated "I know he does

24 smoke weed and uses methamphetamine. That was our biggest battle."

25 While Ms. McDowell, herself, reports, and it appears to be true, that she does not have

26 any alcohol or substance abuse problem, it seems that her biggest "problem" is remaining with


17

page #17
1 October 1989 Mr. McDowell left for Santa Rosa. He told Carolina that he wanted to be closer

2 to his father and that he would contact her when he found employment. He telephoned her on

3 July 3, 1991, and she moved the same day to Sonoma County.

4 Anthony Wavne McDowell, father of Leslie McDowell: On October 2, 2002, Mr. McDowell was

5 arrested for domestic battery. Mr. McDowell has not made himself available for this

6 investigator to gather a social history.

7 Cesar "Roberto" Padilla, father of Jackeline Padilla: Mr. Padilla is employed for a landscaping

8 company. His work schedule has not allowed him time to give this investigator his social

9 history.

1O COLLATERAL CONTACTS

11 Los Anneles County, Human Services Department: On June 10, 1991, Christopher McDowell,

12 Anthony Wayne McDowell's son, came to the attention of the Los Angeles Human Services

13 Department. Christopher presented with a black and blue welt mark on his left buttock. The

14 welt appeared to have been caused by a belt. Christopher stated that his stepmother, Carolina

15 McDowell, spanked him with his belt. Ms. McDowell admitted to hitting Christopher with a belt.

16 As a result all three children in the home, Christopher, Jackeline and Leslie were declared

17 11 Dependent Children of the Juvenile Court of Los Angeles. In July, 1991 Ms. McDowell and the

18 children moved to Sonoma County where Mr. McDowell had found employment. The Sonoma

19 County Department of Human Services provided courtesy supervision until April 20, 1992

20 when dependency was dismissed. Case notes indicate that Ms. McDowell participated in

21 parenting classes, anger management and individual therapy.

22 DISPOSTIONAL REQUESTS: Carolina McDowell would like her children to remain in her

23 care and for them to be able to relocate to Los Angeles. Mr. Padilla would like his daughter,

24 Jackeline, to be able to move with her mother and sister to Southern California. Mr. McDowell

25 has been unavailable. His dispositional requests are not known.

26 CONCURRENT PLANNING: The minor's case was staffed with State Adoptions on March 11,

page #16
1 Allegation b-2(1) is supported by Child Protective Services, case notes, dated February

2 20 and 21,2003, prepared by Rachel Hart, Social Worker; allegation b-2(2) is supported by

3 Criminal Justice System printout of defendant status, Anthony Wayne McDowell;

4 Allegation g-1 in regards to Leslie McDowell is supported by Carolina McDowell's

5 statement.

6 Allegation 9-2 in regards to Jacqueline Padilla is supported by Carolina McDowell's

7 statement.

8 Allegation j-1 is supported by Child Protective Services, case notes, dated February 20

9 and 21,2003, prepared by Rachel Hart.

10 DISPOSITIONAL REPORT

11 Social Study

12 Carolina McDowell, mother Carolina was bom in Jalisco, Mexico, to Jose Meza and Petra

13 Gamboa. She was the youngest of eight children. Her mother passed away when she was 9

14 months old. Her sisters raised her to the age of five. She was then enrolled in a Catholic

15 Boarding School where she lived until she was seventeen. Upon leaving school Carolina was

16 awarded a fellowship. She came to the United States and enrolled at Bell High School in Los

17 Angeles. After graduating from high school, Carolina began work as a supervisor in a retail

18 store where she remained for seven years.

19 While working her full-time job, Carolina attended the Bryman School and received

20 certification as a medicalassistant. Prior to her job at Santa Rosa Memorial, she worked for a

21 group of physicians managing their office.

22 While living in Los Angeles, Carolina was re-introduced to Jackeline's father, Cesar

23 Roberto, whom she knew when she was a child. They began dating and were together for

24 approximately 1 1/2 years. They never lived together.

25 Shortly after that relationship, she met Anthony Wayne McDowell. They lived together

26 for 2 years prior to being married as his divorce was not final. They married in 1987. In


15

page #15
1 Cesar Padilla, father of Jackeline: Mr. Padilla lives in Southern California with his two teenage

2 sons of whom he has sole custody. The undersigned worker spoke with Mr. Padilla on March

3 10, 20031 He stated that he has offered to help Carolina and the children if she decides to

4 move to Los Angeles. He also stated that if Carolina decides to move to Los Angeles without

5 the children, he will not support her. "I don't believe that Leslie and Jackeline should live with

6 anyone other than relatives.

7 Leslie McDowell, minor: Leslie McDowell is currently at the Children's Home. She appears to

8 be adjusting to her new environment. Staff report that Leslie interacts appropriately with both

9 peers and adults. She has told this investigator that while she "don't mind being here, I really

10 want to go home." Kathy Dark, Ph.D., will be conducting a psychological evaluation of Leslie to

11 help determine the appropriate level of placement.

12 Jackeline Padilla, minor: Jackeline, who resides with her mother, is a junior at Piner High

13 School. The undersigned investigator recently spoke with Mr. Pittson, counselor at Piner High

14 School. Mr. Pittson stated that Jacqueline is "having a difficult time in school, but she will

15 graduate.

16 Jackeline told this investigator that she has seen Leslie behave in "out of control ways"

17 for a long time now. "lf she comes home, it will just start all over.

18 Jackeline states that she and her "father", Wayne have a good relationship. "I wasn't

19 here when he and my sister were arguing, but if he hit her it must have been an accident."

20 EVALUATION: Allegation a-1 & a-2 are supported by Child Protective Services, case notes,

21 dated February 20 and 21, 2003, prepared by Rachel Hart;

22 Allegation b-l(l) is supported by Child Protective Services, case notes, dated February

23 20th and 21st, 2003, prepared by Rachel Hart, Social Worker; allegation b-1(2) is supported by

24 Child Protective Services, case notes, dated February 20, 2003, prepared by Raquel

25 Oandason, Social Worker; allegation b-1(3) is supported by Santa Rosa Police Department,

26 Report #02-19418, dated October 3, 2002, prepared by Officer Numalnville.


14

page #14
1 Officer Numanlville noted a bruise on the left side of Carolina's forehead that had

2 swelled up to the size of a golf ball.

3 Santa Rosa Police Department, Report #97-18202, dated August 21, 1997, prepared by

4 Officer McLaughlin: On August 21, 1997, Officer McLaughlin, while on patrol, stopped Anthony

5 McDowell and his passenger for not wearing seat belts. After conducting a search of the

6 vehicle which Mr. McDowell verbally granted the officer, the officer recovered a substance

7 resembling methamphetamine. The substance was later tested and found to be

8 methamphetamine. Mr. McDowell was arrested for 11378 H&S.

9 PRESENT CIRCUMSTANCES/STATEMENT OF PARTIES

10 Carolina McDowell, mother: Carolina McDowell lives in Santa Rosa with her seventeen year

11 old daughter, Jackeline. She has been employed at Santa Rosa Memorial Hospital for six

12 years where she manages the Occupational Medication Department.

13 Regarding the allegations, Carolina states that with the exception of a-l(j-l) all are true.

14 Regarding a-l(j-l) Carolina states that when she came home from work "they( Mr. McDowell

15 and Leslie) were already arguing. Leslie was making threats. I was there but he was already

16 on top of her. I tried to break them up but I couldn't do anything so I called the police.

17 Anthony Wavne McDowell, father of Leslie: Prior to the detention hearing, Mr. McDowell lived

18 with his wife, Carolina. Mr. McDowell left the home after the detention hearing and told his

19 wife that he was going to Reno, Nevada. He did not leave her any information on how to

20 contact him. The undersigned spoke with Ms. McDowell on Saturday, March 3, 2003 at which

21 time she said Mr. McDowell had been by to see her the day before. Again he left no contact

22 information with his wife.

23 A Diligent Search was conducted by the Department of Human Services on March 13,

24 2003. The following were searched to no avail: California Telephone Directories, Department

25 of Motor Vehicles, Medi-Cal, Probation, North County Detention Facility, Main Adult Detention

26 Facility, and State Parole. A Declaration of Diligent Search has been filed with the Court.



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