In re A.W. CA2/3

Filed 7/26/13 In re A.W. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re A.W. et al., Persons Coming Under B244770 the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK19378) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

M.F.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert L. Stevenson, Juvenile Court Referee. Affirmed. Amy Z. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Peter Ferrera, Deputy County Counsel, for Plaintiff and Respondent. _________________________

INTRODUCTION M.F., mother of A. and Brandon, appeals from the dispositional order of the juvenile court that removed the children from her custody. (Welf. & Inst. Code, § 361, subd. (c).)1 As the evidence amply supports the removal order, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Viewing the evidence according to the usual rules (In re A.S. (2011) 202 Cal.App.4th 237, 247), it shows there have been two previous dependency cases involving this family, one commenced in 1995 because of general neglect and an unhealthy, unsafe home, and another in 2010 because mother was involved in a drunken fight in her home and had enabled her minor child to become intoxicated. The Department of Children and Family Services (the Department) has also received six referrals since 2001 concerning this family.2 In April 2012, sheriff‟s deputies responded to a call about a fight and found mother and Rodolfo S. visibly intoxicated and smelling of alcohol. Mother was very uncooperative and yelled at the deputies to leave. There were blood stains all over the floor and on the walls and both mother and Rodolfo refused to explain the cause. Daughter Ma.‟s boyfriend claimed that mother had stabbed him and someone had broken a liquor bottle on his face. The deputies found six-year-old A. hiding in the bathroom crying. He was standing on a blood-covered floor. The child declared he was scared because everyone was drunk, fighting, and screaming. A. had witnessed the fight and stated he saw mother “ „shank‟ ” Ma.‟s boyfriend. Ma.‟s boyfriend hit A. A. has asthma and was coughing, but mother was too intoxicated to give him medicine or indicate to the sheriffs‟ deputies where his inhaler could be found. Mother was still intoxicated the next day when the social worker tried to interview her.