Preview
MA-Y/lU/ZQZQ/TUE 09:09 AM Center for Children FAX N0. 714*515‘9785 P. 002
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StrJ‘PERugR gdum 0F etALaFORNm
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SAN 32ERNA‘QDEND DISTQIKTT
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Loni Klein, Esq. SBN 222695 MAY 1 M 2022
A CENTER FOR CHILDREN & FAMILY LAW, INC.
1111 W. Chapman Avenue ,
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Orange, CA 92868 ~ u r
A 9;:er Bigszm
(714) 937-1234
Attorney for Petitioners, MICHAEL AND KIM RHYMER
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SUPERIOR COURT OF TIE STATE 0F CALIFORNIA
COUNTY OF SAN BERNARDINO
In Re the Guardianship of: ) CASE N0. GARPSZIOOI34
)
1o
Oliver Orion Huynh, )
11
) PETITIONBRS’ TRIAL BRIEF
12 )
A Minor. ) DATE: 6/1/2022
13 ) TIME: 1:30 PM
) DEPT: 836
14
)
15
Petitioners submit tho following facts, contentions, and points and authorities as required
16 by local probate court rules. h
17 I. State ent Fae
18 Petitioners, Michael and Kim Rhyme: filed for guardianship of the minor, Oliver Orion
Huynh (DOB: 03/19/2017, 5 years) (referred to as “Oliver” or “minor" hcrein)on April 5, 2021‘
19
The minor has resided with Petitioners since ha was dropped off to Petitioners by his father on
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March 11, 2021. Petitioners are Oliver’s maternal grandmother and maternal step~grandfathcr
21
Temporary guardianship was granted to Petitioners on April 12, 2021. Both Mother and Father
22 object to the guardianship.
23 0n March 11, 2021, Father called Petitioners indicating he and mother needed help caring
24 for the minor. Father indicated that he and Mother have been abusing drugs for the past five years,
including in front of the minor and were currently high. Afier this, Father drove the minor to
25
Petitioners' home. Father and Mother were living in Westminster, CA and Petitioners live in
26
Rancho Cuoamonga, CA. This is approximately 45 miles apart. When Father and the minor
27
arrived, it was noted that Father seemed to be under tho influence and was high. Furthermore,
28
PETITIONERS' TRIAL BREE -
1
MAY/lU/QBQQ/TUE 09209 AM Center for Children FAX N0. 714‘515‘9785 P. 003
Oliver, almost 4 years old, was not in car seat but was traveling in the front seat ofthe car. Oliver,
who was just 4‘“
8 days shy of his birthday was dressed in only a t-shirt and a diaper, which was
not weather appropriate. No belongings were brought with Oliver, no clothes, diapers, food, toys
etc. No information was provided as to Oliver’s eating habits, allergies, immunizations, schedules,
or anything that is helpful when caring for a child. When Oliver saw Mr. Rhymer, he yelled
@OOQOSMADJNF‘
“Grandpa! Grandpa!” and reached for Petitioner. Within a few steps inside the door of the house,
Oliver had fallen asleep in Mr. Rhymcr’s arms. The next day the parents provided a bag of clothing”
and some toys for Oliver and Petitioner, Kim found a “crack pipe” at the bottom ofthe bag.
When Oliver entered their care Petitioners observed concerning behaviors. Oliver would
quickly eat, shoveling food rapidly into his mouth with both hands. Oliver quickly gained six
pounds while in their care. Oliver would say things frequently such as “am I a good boy?” or “let
me out of the closet, let me out of the closet” and would run to the closet door and open it while
yelling this. Petitioners are concerned that food and a closet were used as discipline tools against
Oliver. Furthermore, Olivcr was not toilet trained at all when arriving at his home, although he
was just 8 days away from his 4‘” birthday. Further, Oliver did not know how to brush his teeth;
when Pe’ritioners took him to the dentist, he had five cavities and has had to have five root canals
and one extraction due to poor dental hygiene. Oliver was in severe dcntal pain.
Since being in the care of Petitioners Oliver has thrived. As noted above, he quickly gained
six pounds. Oliver has been meeting all of his developmental milestones. Oliver is excelling at the
NNNNH—aHI—IHHHHHH
preschool he attends near Petitioners’ home as well as in his weekly swim lessons. Oliver enjoys
spending time with his grandparents, Petitioners herein and friends during play dates. Currently he
is not (exhibiting concerning behavior in their home, now that he has been living there a year. Oliver
is set to commence kindergarten in Fall 2022.
The Probate Court investigation in this matter indicated that Petitioners are capable of
providing a safe and stable home for Oliver. The investigation recommended granting of the
guardianship.
Mother and Father have a volatile relationship. They have had an on and off again
relationship over multiple years. Both parents have a history of drug abuse, although they denied
N
that to the Probate Court investigator in this matter. Both parents have a criminal history, including.
Mother being arrested for possession of a controlled substance mere days aflcr Oliver was drolaped
off to Petitioners’ home. A few clays later Mother was arrested again for evading a police:
officer/mcokless driving, a felony. Mother has a pre-trial hearing set for June 15, 2022. Currently
PETITIONBRS’ TRIAL Em - 2
Preview
MA-Y/lU/ZQZQ/TUE 09:09 AM Center for Children FAX N0. 714*515‘9785 P. 002 LC L E D V‘ 5 “ s- fl StrJ‘PERugR gdum 0F etALaFORNm mum] 0F SAN BERNARDINO 1’ SAN 32ERNA‘QDEND DISTQIKTT a Loni Klein, Esq. SBN 222695 MAY 1 M 2022 A CENTER FOR CHILDREN & FAMILY LAW, INC. 1111 W. Chapman Avenue , g - - 8‘ Orange, CA 92868 ~ u r A 9;:er Bigszm (714) 937-1234 Attorney for Petitioners, MICHAEL AND KIM RHYMER wmummrpmw SUPERIOR COURT OF TIE STATE 0F CALIFORNIA COUNTY OF SAN BERNARDINO In Re the Guardianship of: ) CASE N0. GARPSZIOOI34 ) 1o Oliver Orion Huynh, ) 11 ) PETITIONBRS’ TRIAL BRIEF 12 ) A Minor. ) DATE: 6/1/2022 13 ) TIME: 1:30 PM ) DEPT: 836 14 ) 15 Petitioners submit tho following facts, contentions, and points and authorities as required 16 by local probate court rules. h 17 I. State ent Fae 18 Petitioners, Michael and Kim Rhyme: filed for guardianship of the minor, Oliver Orion Huynh (DOB: 03/19/2017, 5 years) (referred to as “Oliver” or “minor" hcrein)on April 5, 2021‘ 19 The minor has resided with Petitioners since ha was dropped off to Petitioners by his father on 20 March 11, 2021. Petitioners are Oliver’s maternal grandmother and maternal step~grandfathcr 21 Temporary guardianship was granted to Petitioners on April 12, 2021. Both Mother and Father 22 object to the guardianship. 23 0n March 11, 2021, Father called Petitioners indicating he and mother needed help caring 24 for the minor. Father indicated that he and Mother have been abusing drugs for the past five years, including in front of the minor and were currently high. Afier this, Father drove the minor to 25 Petitioners' home. Father and Mother were living in Westminster, CA and Petitioners live in 26 Rancho Cuoamonga, CA. This is approximately 45 miles apart. When Father and the minor 27 arrived, it was noted that Father seemed to be under tho influence and was high. Furthermore, 28 PETITIONERS' TRIAL BREE - 1 MAY/lU/QBQQ/TUE 09209 AM Center for Children FAX N0. 714‘515‘9785 P. 003 Oliver, almost 4 years old, was not in car seat but was traveling in the front seat ofthe car. Oliver, who was just 4‘“ 8 days shy of his birthday was dressed in only a t-shirt and a diaper, which was not weather appropriate. No belongings were brought with Oliver, no clothes, diapers, food, toys etc. No information was provided as to Oliver’s eating habits, allergies, immunizations, schedules, or anything that is helpful when caring for a child. When Oliver saw Mr. Rhymer, he yelled @OOQOSMADJNF‘ “Grandpa! Grandpa!” and reached for Petitioner. Within a few steps inside the door of the house, Oliver had fallen asleep in Mr. Rhymcr’s arms. The next day the parents provided a bag of clothing” and some toys for Oliver and Petitioner, Kim found a “crack pipe” at the bottom ofthe bag. When Oliver entered their care Petitioners observed concerning behaviors. Oliver would quickly eat, shoveling food rapidly into his mouth with both hands. Oliver quickly gained six pounds while in their care. Oliver would say things frequently such as “am I a good boy?” or “let me out of the closet, let me out of the closet” and would run to the closet door and open it while yelling this. Petitioners are concerned that food and a closet were used as discipline tools against Oliver. Furthermore, Olivcr was not toilet trained at all when arriving at his home, although he was just 8 days away from his 4‘” birthday. Further, Oliver did not know how to brush his teeth; when Pe’ritioners took him to the dentist, he had five cavities and has had to have five root canals and one extraction due to poor dental hygiene. Oliver was in severe dcntal pain. Since being in the care of Petitioners Oliver has thrived. As noted above, he quickly gained six pounds. Oliver has been meeting all of his developmental milestones. Oliver is excelling at the NNNNH—aHI—IHHHHHH preschool he attends near Petitioners’ home as well as in his weekly swim lessons. Oliver enjoys spending time with his grandparents, Petitioners herein and friends during play dates. Currently he is not (exhibiting concerning behavior in their home, now that he has been living there a year. Oliver is set to commence kindergarten in Fall 2022. The Probate Court investigation in this matter indicated that Petitioners are capable of providing a safe and stable home for Oliver. The investigation recommended granting of the guardianship. Mother and Father have a volatile relationship. They have had an on and off again relationship over multiple years. Both parents have a history of drug abuse, although they denied N that to the Probate Court investigator in this matter. Both parents have a criminal history, including. Mother being arrested for possession of a controlled substance mere days aflcr Oliver was drolaped off to Petitioners’ home. A few clays later Mother was arrested again for evading a police: officer/mcokless driving, a felony. Mother has a pre-trial hearing set for June 15, 2022. Currently PETITIONBRS’ TRIAL Em - 2