In re Mariah G. CA2/4

Filed 10/22/13 In re Mariah G. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

B247161 In re MARIAH G., a Person Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK97110) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JAVIER G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Philip L. Soto, Judge. Affirmed. Joseph T. Tavano, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and William D. Thetford, Principal Deputy County Counsel, for Plaintiff and Respondent.

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Javier G. (father) appeals from the trial court‟s order asserting jurisdiction over Mariah G. based, in part, on its conclusion that father‟s use of marijuana placed the child 1 at substantial risk of serious physical harm. (Welf. & Inst. Code § 300, subd. (b).) He contends the evidence was insufficient to support the court‟s conclusion that his use of marijuana endangered the child, and its order that he participate in drug treatment programs and parenting courses. Respondent Department of Children and Family Services (Department) argues the evidence supports the jurisdictional finding, and that the trial court did not abuse its discretion. Finding the evidence sufficient to support jurisdiction based on father‟s conduct, we affirm the court‟s order regarding the counts alleged against him. FACTUAL AND PROCEDURAL SUMMARY Minor Mariah G. was born in November 2009. When her parents first met, father Javier G. was 19 years old, and her mother was 18. Sometime after mother became pregnant, the two began living together. They separated some two years later, but reached an informal agreement that Mariah would live with her mother, and visit father every other weekend. On October 10, 2012, reports of substance use by both parents led to a Department investigation of the family. Mother admitted using methamphetamine over the previous two years. She obtained the drug from friends, and her use was so heavy that sometimes she would remain under the influence for three consecutive days. After deciding to seek treatment, mother agreed that her sister would look after Mariah while she admitted herself to an inpatient rehabilitation program, which she did in late October 2012. Meanwhile, in an interview with the Department, father admitted that he used marijuana every other weekend when Mariah was not visiting, and denied using it while she was in his care. On November 1, 2012, he tested positive for marijuana. He claimed that he had an expired medical marijuana card, but that he was waiting for a replacement California identification card in order to renew it. There is no evidence as to when the