In re Michael R

In In re Michael R. (1998) 67 Cal.App.4th 150, the minor was removed from his physically abusive father and eventually placed with the paternal grandmother on the condition that the father not live in the grandmother's home or visit the minor in the home. ( Id. at p. 153.) When the Department of Public Social Services (DPSS) discovered that the grandmother violated her agreement not to give the father access to the minor, a DPSS social went to the home, finding no one there. Later the grandmother telephoned that she intended to deliberately keep DPSS from finding the minor. Eventually the minor was found in Texas, returned to California, and placed in confidential foster care. ( Id. at pp. 153-154.) The grandmother unsuccessfully petitioned for de facto parent status. ( Id. at p. 154.) The order denying de facto parent status was upheld. ( In re Michael R., supra, 67 Cal.App.4th at p. 158.) The appellate court concluded that substantial evidence supported the juvenile court's denial of the grandmother's petition. Although the grandmother was significantly involved in the minor's life, seeing him almost daily since birth and being his daily caretaker since he was placed in her home from April to August of 1997, the juvenile court was entitled to also consider her "conduct, in defiance of court orders, which also placed the minor at serious risk of harm. From the beginning of the proceedings, the grandmother had denied any physical abuse by the father, her son." ( Id. at pp. 156-157.) When DPSS found out that the grandmother violated the agreement to keep her son away from her grandson, the grandmother absconded with the children. Not acknowledging her son's physical abuse of her grandson, the grandmother did not protect the abused child or his younger siblings from their father, who behaved inappropriately and in a hostile manner despite having attended parenting and anger management programs. "Although the grandmother here did not personally strike the children . . ., she directly inflicted 'substantial harm' on the minors: The ostensible purpose of abducting them and fleeing the state, one step ahead of the law, was to permit unrestricted access by the abusing parent. The grandmother thus deliberately placed the children in harm's way, as much as if she herself were the abuser." ( Id. at pp. 157-158.)