In re J.G. CA2/5

Filed 7/9/13 In re J.G. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re J.G., JR., et al., Persons Coming B244778 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK94093)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

J.G., SR.,

Defendant and Appellant.

APPEAL from the judgment and orders of the Superior Court of Los Angeles County, Debra Losnick, Juvenile Court Referee. Affirmed. Thomas S. Szakall, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jeanette Cauble, Senior Deputy County Counsel, for Plaintiff and Respondent.

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J.G., Sr., (father) appeals from the dependency court‟s judgment and orders of October 11, 2012, declaring his three children (the children) dependents of the court under Welfare and Institutions Code sections 3601 and removing them from his custody. He contends substantial evidence does not support the jurisdictional finding that his conduct placed the children at risk of abuse or neglect or the order removing them from his custody. We conclude substantial evidence supports the finding and the removal order. Accordingly, we affirm.

STATEMENT OF FACTS AND PROCEDURE

J.G., Jr., born in 2009, N.G., born in 2011, and J.G., born in June 2012, are the children of S.H. (mother) and father,2 who lived together.3 Father had a long history of drug use and sales, criminal convictions, and incarcerations. He was convicted of first degree burglary (Pen. Code, § 459) in 2000 and given a suspended sentence of 4 years in prison, on condition he serve 36 months‟ probation and 365 days in jail. He was convicted of misdemeanor battery (Pen. Code, § 242) in 2001 and sentenced to 90 days in jail. He was convicted of vehicle theft (Veh. Code, § 10851, subd. (a)) in 2001 and sentenced to three years‟ probation and 90 days in jail. In 2002, he was convicted of misdemeanor false identification to specific peace officers (Pen. Code, § 148.9, subd. (a)) and sentenced to 36 months‟ probation and 10 days in jail. He was convicted of vehicle theft (Pen. Code, § 10851, subd. (a)) in 2002 and sentenced to two years in prison. He was convicted of first degree burglary (Pen. Code, § 459) in 2003 and sentenced to four years in prison. He was convicted of possession of narcotics (Health & Saf., § 11350, subd. (a)) in 2009 and sentenced to three years‟ probation and 365 days in jail. On