In re Megan H. CA2/5

Filed 5/27/14 In re Megan H. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 MEGAN H. et al., Persons Coming B251096 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK99354)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ERIC H.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Anthony Trendacosta, Temporary Judge. (Pursuant to Cal. Const. art. VI, § 21.) Affirmed. William S. Hulsy for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel and Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent.

Eric H. (father) appeals the dispositional order entered after the juvenile court asserted jurisdiction over father’s three children pursuant to Welfare and Institutions Code1 section 300, subdivision (b). Father maintains that the evidence before the juvenile court was insufficient to establish jurisdiction based on father’s conduct and as a consequence, the disposition of the case as to him was erroneous. Because jurisdiction based on mother’s conduct is not challenged, and father failed to establish that the court abused its discretion in fashioning the dispositional order, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND Megan H. (born 2002), Kristin H. (born 2004), and Matthew H. (born 2006) are the children of father and Sara H. (mother). Mother and father had been married for 10 years when they instituted marital dissolution proceedings. Mother had been addicted to prescription pain killers and sleeping medications. Following a period of sobriety, she relapsed in 2013, following the deaths of her mother and brother and the dissolution of her marriage. Father reported mother to DCFS in March 2013, stating that he had arrived at mother’s residence to find her passed out with Matthew and Kristin crying, and that she had been involved in a minor traffic accident while under the influence. Mother reported that, in December 2011, father had put his hands on her shoulders and pushed her to the ground and had accidentally run over her foot while pulling out of the driveway. Neither mother nor the children were injured as a result of these incidents, but the children were upset by the parents’ conduct. On May 7, 2013, DCFS filed a section 300 petition based on mother’s abuse of prescription drugs and the parents’ history of altercations in the children’s presence. At the detention hearing held that day, the juvenile court found father to be the children’s presumed father. It made prima facie findings to detain the children from mother only, and ordered the children to remain released to father. The court further ordered the