In re C.C. CA2/8

Filed 11/12/13 In re C.C. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re C.C., A Person Coming Under the B247060 Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT (Los Angeles County OF CHILDREN AND FAMILY SERVICES, Super. Ct. No. CK60431)

Plaintiff and Respondent,

v.

SHERRY E.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. D. Zeke Zeidler, Judge. Affirmed.

Suzanne Davidson, under appointment by the Court of Appeal, for Appellant.

John F. Krattli, County Counsel, James M. Owen, Assistant County Counsel, William D. Thetford, Deputy County Counsel, for Respondent.

__________________________

Appellant Sherry E. (mother) appeals from juvenile court orders removing her four-month-old daughter, C.C., from her custody and denying mother reunification services. We conclude substantial evidence supports the removal order, and under both the substantial evidence and abuse of discretion standards, the trial court did not err in denying reunification services. Accordingly, we affirm.

FACTS AND PROCEEDINGS

A. Referral and Preliminary Matters

Mother has had a lengthy history of DCFS referrals for her two older daughters. Her parenting of C.C. came to the department’s attention on September 24, 2012, when a referral was made to the DCFS that C.C. was exposed to second-hand methamphetamine smoke. The report to DCFS stated that one of mother’s roommates had tested positive for amphetamine, other tenants who lived in the residence had been smoking methamphetamine for several months, and C.C. had been exposed to the smoke. A social worker accompanied by police officers went to the location. The manager of the complex said too many people were living in the apartment and there were lots of comings-and-goings. Tenant Ray said that he did not use illegal drugs and there was no reason for DCFS’s concern for the baby. But police officers watching the unit saw a man on a balcony who appeared to be under the influence. Tenant Robert told police he stayed at the location several nights during the week. Robert was on parole for weapons charges. The social worker described the residence as disorganized and smelling of smoke. Various computers and peripherals were found in the unit and the place appeared cluttered. A pitbull lay asleep on the floor. C.C., however, appeared healthy. Mother denied methamphetamine use but she had heard that someone had smoked the drug in the bathroom. Mother said she would drug test but wanted to wait for three days because she did not want to take C.C. out in the heat.