In re K.H. CA5

Filed 8/28/13 In re K.H. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re K.H., a Person Coming Under the Juvenile Court Law.

STANISLAUS COUNTY F066855 COMMUNITY SERVICES AGENCY, (Super. Ct. No. 516453) Plaintiff and Respondent, v. OPINION STEPHANIE H. et al., Defendants and Appellants.

THE COURT* APPEAL from orders of the Superior Court of Stanislaus County. Ann Q. Ameral, Judge. Marin Williamson, under appointment by the Court of Appeal, for Defendant and Appellant, Stephanie H. Daniel G. Rooney, under appointment by the Court of Appeal, for Defendant and Appellant, Gary R. John P. Doering, County Counsel, and Carrie M. Stephens, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J., and Franson, J.

Appellants Stephanie H. and Gary R. appeal from the juvenile court’s jurisdictional finding that their one-year-old son, Kameron, is a dependent under Welfare and Institutions Code section 300, subdivision (b).1 They contend there was insufficient evidence of a current risk of harm to support the finding by substantial evidence. We affirm. PROCEDURAL AND FACTUAL SUMMARY In October 2011, the Stanislaus County Community Services Agency (agency) received a report that Stephanie gave birth to Kameron and admitted to a social worker she used methamphetamine throughout her pregnancy with him. Though mother and child tested negative for drugs at the time of his delivery, Stephanie said she used drugs as recently as four days before his birth. The agency discovered Gary has a lengthy criminal history involving possession of methamphetamine and Stephanie, also a methamphetamine user, lost custody of three other children because of her drug use. The children were placed in guardianship with their maternal grandmother. Stephanie admitted she started using methamphetamine in 2004. She stopped using it in 2005 but relapsed in 2010. She also admitted smoking methamphetamine at least once a week during her pregnancy with Kameron. Gary admitted having drug- related convictions but said he had not used methamphetamine for nine months. They agreed to participate in voluntary family maintenance services which required they complete substance abuse assessments and submit to random drug testing. Their case was closed, however, in April 2012 because they refused to participate. In July 2012, the agency received a report that Stephanie was frequently seen under the influence, grinding her teeth, licking her lips, exhibiting facial twitching and