In re L.B. CA2/3

Filed 1/27/14 In re L.B. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 L.B. et al., Persons Coming Under the B249849 Juvenile Court Law. _____________________________________ (Los Angeles County LOS ANGELES COUNTY DEPARTMENT Super. Ct. No. CK98334) OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

D.F. et al.,

Defendants and Appellants.

APPEAL from a judgment and orders of the Superior Court of Los Angeles County, Stephen Marpet, Judge and Marguerite D. Downing, Judge. Affirmed. Megan Turkat Schirn, under appointment by the Court of Appeal, for Defendant and Appellant D.F. Jesse McGowan, under appointment by the Court of Appeal, for Defendant and Appellant D.B. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Jeanette Cauble, Deputy County Counsel, for Plaintiff and Respondent.

_________________________

D. F. (mother) and D. B. (father) appeal from the dependency court’s order of May 21, 2013, placing parents and L. B. (“L.”), D. B. (“D.”), and D. B. (“D. B.”) (hereinafter, the children) under the supervision of the social worker pursuant to Welfare and Institutions Code1 section 360, subdivision (b),2 after sustaining a section 300 petition. They contend substantial evidence does not support the sustained allegations that their drug use creates a risk of harm to the children. We affirm. STATEMENT OF FACTS AND PROCEDURE L., born in 2005, D., born in 2008, and D. B., born in 2012, are the children of mother and father,3 who had been in a relationship for nine years. The parents abused cocaine. Father belonged to a criminal street gang. He had a history of convictions for possession of marijuana for sale (Health & Saf. Code, § 11359), dangerous weapons (former Pen. Code, § 12020, subd. (a)(1)), attempted murder (Pen. Code, §§ 664, 187, subd. (a)), accessory (Pen. Code, § 32), and carrying a loaded firearm (former Pen. Code, § 12031, subd. (a)(1)). Father’s most recent conviction was in 2005. Mother had a history of convictions for loitering (Pen. Code, § 653.22, subd. (a)), grand theft property (Pen. Code, § 487, subd. (a)), marijuana while driving (Veh. Code, § 23222, subd. (b)), unlicensed driver (Veh. Code, § 12500, subd. (a)), and prostitution (Pen. Code, § 647, subd. (b)).