In re I.F. CA2/3

Filed 1/9/14 In re I.F. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 I.F. et al., Persons Coming Under the B247159 Juvenile Court Law. _____________________________________ (Los Angeles County LOS ANGELES COUNTY DEPARTMENT Super. Ct. No. CK96239) OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

Y.N.,

Defendant and Appellant.

APPEAL from a judgment and orders of the Superior Court of Los Angeles County, Phillip L. Soto, Judge. Affirmed. David A. Hamilton, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Tracey Dodds, Principal Deputy County Counsel, for Plaintiff and Respondent.

_________________________

Y.N. (mother) appeals from the dependency court’s judgment of November 26, 2012, declaring I.F. (son) and I.N. (daughter) dependents of the court under Welfare and Institutions Code section 360.1 She contends: (1) substantial evidence does not support the sustained allegation that her drug use created a risk of harm to the children; and (2) the court’s failure to obtain her waiver of her trial rights was prejudicial error. We affirm.

STATEMENT OF FACTS AND PROCEDURE Son was born in 2008 and daughter was born in 2011 to mother. I.A.N. is the presumed father of both children. The parents lived together with the children. Father worked full-time. Mother had a history of using drugs, including methamphetamine. Mother ingested methamphetamine on October 27, 2012 when she was out with friends. She returned home late that night very intoxicated, irrational, and agitated. She argued with and screamed at father. She ran outside, took her top off, and screamed that father was raping son. She was incoherent. The police were called, and she was taken to the hospital, where methamphetamine was found in her system. The children were detained from mother’s custody early the next morning, and a section 300 petition was filed by the Department of Children and Family Services (“Department”). The children were released to father. On November 26, 2012, the children were declared dependents of the court based on sustained allegations under section 300, subdivision (b) that the children suffered, or were at substantial risk of suffering, serious physical harm or illness as a result of mother’s failure or inability to supervise and mother’s inability to provide regular care due to substance abuse, in that mother had a history of drug abuse and was a current abuser of methamphetamine which rendered her incapable of providing regular care, and, on October 28, 2012, mother was under the influence of methamphetamine in the