In re M.O. CA2/5

Filed 4/30/14 In re M.O. CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re M.O. et al., Persons Coming Under B249828 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK75817)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

REINA A.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Stephen Marpet, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Andrea R. St. Julian, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel and Tracey F. Dodds, Deputy County Counsel for Plaintiff and Respondent.

Reina A. appeals the jurisdictional findings and dispositional orders of the juvenile court with respect to six of her children. Finding no error, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND Reina A. (mother) and Miguel O. (father) are the parents of seven children, six of whom are the subject of this appeal: Miguel (age 12 at the time the petition was filed), Joseph (11), Jacob (9), Mikey (6), Jonathan (2), and newborn Nathan O. The family first came to the attention of DCFS when Miguel tested positive for marijuana at birth. Mother declined services from DCFS. In June 2008, the family entered into a Voluntary Family Reunification program because of the parent’s drug use, and in January 2009, a section 300 petition was filed on behalf of another son, Daniel. Parental rights were terminated as to Daniel, and he was adopted by his maternal grandmother. In July 2011, DCFS provided Voluntary Family Maintenance services with Family Preservation Services to the family due to mother’s substance abuse. Mother failed to enroll in a drug rehabilitation program, and tested positive for drugs in December 2012. The Department closed its case with the family after mother signed a notarized letter giving custody of the children to the paternal grandparents. DCFS received a referral in March 2013 when Nathan tested positive for methamphetamines at his birth. Mother signed a notarized letter granting the maternal grandmother permission to care for Nathan upon discharge from the hospital. Mother told the social worker that she and father have allowed the older children to remain with the paternal grandparents as they were not financially stable and did not have a place to live with the children. The social worker explained to mother that because the paternal grandparents did not pursue a more permanent arrangement for the care of the children, the Department would need to include the older children in a petition filed with the juvenile court. The parents attempted a Team Decision Making Meeting at the Department’s office. Mother admitted she was an addict and was “tired” of her addictive lifestyle.