Los Angeles County Department of Children & Family Services v. Nicholas P.

This case involves two children, Ashley and Chelsea, who were nine years old and five years old when a dependency petition was filed in April of 1995. Their parents were divorced. The family court orders are not in our record, but it seems that the children spent alternate weeks with each parent. The mother, Patricia P., had had brain surgery and had ongoing problems. The father, Nicholas P., had agreed that Patricia P.’s mother, Patricia B., appellant here, could take care of the children if Patricia P. could not.

The Los Angeles County Department of Children and Family Services (DCFS) became involved with this family when police officers observed Patricia P. attempt to drive while under the influence, with Chelsea in the car. Patricia P. was placed on a mental health hold, the children were taken to appellant’s home, and the dependency petition was filed.

Both parents pled no contest to the petition. In particular, the children’s mother pled no contest to a charge that her medical problems and substance abuse rendered her periodically unable to care for the children, and Nicholas P. pled no contest to a negotiated charge that he was unable to care for his children…