In re Heaven H. CA5

Filed 10/23/13 In re Heaven H. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

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

STANISLAUS COUNTY COMMUNITY F066988 SERVICES AGENCY, (Super. Ct. No. 516536) Plaintiff and Respondent,

v. OPINION DAHLIA T.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Ann Q. Ameral, Judge. Caitlin U. Christian, under appointment by the Court of Appeal, for Defendant and Appellant. John P. Doering, County Counsel, and Carrie M. Stephens, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

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

Appellant Dahlia.T. (mother) appeals from the juvenile court’s dispositional order removing her nine-month-old daughter Heaven from her custody pursuant to Welfare and Institutions Code section 361, subdivision (c)(1).1 Mother contends the order must be reversed because there was no evidence Heaven was at risk of harm in her care and there were less restrictive alternatives to removal. We affirm the juvenile court’s order. PROCEDURAL AND FACTUAL SUMMARY Mother, age 15, and Heaven’s father (father), age 17, are the parents of two daughters, nine-month-old Heaven, the subject of this appeal, and 20-month-old Monica. Mother and father have a history of marijuana use and domestic violence. In May 2012, the Stanislaus County Community Services Agency (agency) filed a dependency petition on behalf of Monica, in part because mother tested positive for marijuana before and after Monica’s birth. The juvenile court provided mother and father reunification services and the agency placed her with a maternal relative. In January 2013, while participating in reunification services, mother gave birth to Heaven. By that time, mother had completed an adolescent drug treatment program and was visiting Monica weekly. Mother and father no longer had contact and mother was living with her mother, Angelica, and her (mother’s) siblings. Angelica was receiving voluntary maintenance services through the agency because of her substance abuse and the condition of her home. Social worker Van Houten spoke to mother at the hospital. Mother said she and Angelica were clean and sober and she planned to take Heaven to Angelica’s home, which she said was clean and appropriate. She said she had a crib and other items there to care for Heaven. Van Houten visited Angelica’s home. The front yard was littered with trash, shredded couch cushions and cigarette butts. In addition, there was a grocery cart and