In re D.W. CA2/4

Filed 6/16/14 In re D.W. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re D.W., a Person Coming Under the Juvenile Court Law. B251890 LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. DK00190) FAMILY SERVICES,

Plaintiff and Respondent,

v.

Emma R.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Philip L. Soto, Judge. Affirmed. Megan Turkat Schirn, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, Office of the County Counsel, James M. Owens, Assistant County Counsel and Timothy M. O’Crowley, Deputy County Counsel, for Plaintiff and Respondent.

Appellant Emma R. (Mother) appeals the juvenile court’s jurisdictional and dispositional orders that found assumption of jurisdiction over her son, D.W. (D), appropriate and removed D from her care. Mother contends substantial evidence does not support the finding that her son was at substantial risk of suffering serious physical harm as a result of her failure to supervise or protect the child within the meaning of Welfare and Institutions Code section 300, subdivision (b).1 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND On July 24, 2013, the car Mother was riding in with her boyfriend, Edwin M., and D was searched by police. The search uncovered a pipe with methamphetamine. Mother said it was hers and was arrested. The police left D, then eight, with Edwin and subsequently contacted the Department of Children and Family Services (DCFS). Concerned that Mother may have falsely taken the blame for drugs and paraphernalia that belonged to Edwin and that D had been left in the care of a drug user, a DCFS caseworker went to find the boy. She located him staying with Maria M., Edwin’s mother, who lived in a converted garage. Maria informed the caseworker that Mother and D had moved into her residence a few days earlier because they did not have a place to stay. Maria was willing to continue to care for D, but the caseworker did not believe the garage was a suitable place for the child, whose only clothes there were the shorts and t-shirt he was wearing. D was detained and placed in foster care.2