In re N.C. CA6

Filed 3/19/14 In re N.C. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re N.C., a Person Coming Under the H039619 Juvenile Court Law. (Santa Clara County Super. Ct. No. JD21592)

SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN'S SERVICES,

Plaintiff and Respondent,

v.

D.C.,

Defendant and Appellant.

D.C. is the father of four-year-old N.C., and appeals an order of the juvenile court sustaining a petition pursuant to Welfare and Institutions Code section 300, subdivision (b)1 adjudging N.C. a ward of the court and ordering reunification services. Father asserts the court erred in sustaining two of the allegations in the petition, because there is not substantial evidence to support the findings.

1 All further unspecified statutory references are to the Welfare and Institutions Code.

STATEMENT OF THE FACTS AND CASE The instant appeal arises out of a November 29, 2012 referral concerning general neglect and emotional abuse of N.C. to the Santa Clara County Department of Family and Children Services (Department). The family had a history of eight prior referrals to the Department between 2009 and 2012 concerning mother’s mental health and father’s substance abuse. The family received informal services in 2012. In November 2012, mother lived in the maternal grandmother’s home, and father lived with his parents. N.C. spent time in both places. The referral to the Department in November 2012 arose from an incident during which mother had an argument with the maternal grandmother in N.C.’s presence and threatened to kill the maternal grandmother. Mother grabbed N.C.’s arm during the argument, causing red marks. In investigating the allegations of abuse and neglect, the Department talked to mother, father and N.C., as well as the maternal grandmother and paternal grandparents. Mother said that father had a medical marijuana card, smoked marijuana and drank beer. The maternal grandmother said that mother had untreated mental health issues, and father drove N.C. while he was under the influence of marijuana. The maternal grandmother also stated that she was concerned for N.C.’s safety and that mother and father would physically fight with each other in front of N.C. The paternal grandmother stated that mother was aggressive and that father smoked marijuana and drank alcohol often. She stated that father would drive N.C. without a car seat. The paternal grandfather stated that mother did not take her medication for Schizophrenia, and he believed father smoked marijuana and drank beer daily. The paternal grandfather called the police in November 2012 when he saw father driving N.C. without a car seat. Father told the social worker that the paternal grandparents were making everything up. He denied ever driving with N.C. while under the influence or without a