In re Kaliyah F. CA2/7

Filed 7/21/14 In re Kaliyah F. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re KALIYAH F., a Person Coming B253146 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK76581)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

T.J.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Marilyn Kading Martinez, Juvenile Court Referee. Affirmed. Grace Clark, under appointment by the Court of Appeal, for Defendant and Appellant. Amir Pichvai for Plaintiff and Respondent. ______________________

T.J. appeals from the juvenile court’s finding and order declaring her daughter Kaliyah a dependent child of the court under Welfare and Institutions Code section 300, 1 subdivision (b), after it had sustained an allegation her history of substance abuse and current abuse of marijuana placed Kaliyah at substantial risk of serious physical harm. We affirm. FACTUAL AND PROCEDURAL BACKGROUND T.J., herself a former dependent child of the juvenile court, has had a significant history with the Los Angeles County Department of Children and Family Services (Department) as a parent. In 2009, when T.J. was still a teenager, her first born child, D.T., was removed from her custody as a result of domestic violence between T.J. and D.T.’s father, as well as the father’s alcohol and marijuana use. T.J. failed to reunify with D.T., and D.T. was adopted when he was 18 months old. In June 2011 the Department filed a section 300, subdivision (b), petition regarding then six-week-old Kaliyah alleging T.J. had a history of illicit drug use and was a current user of marijuana, creating a substantial risk of serious physical harm to Kaliyah. The petition was dismissed because T.J. agreed to participate in a voluntary family maintenance program. A few months later a new petition was filed and Kaliyah was taken into protective custody because T.J. had allowed a maternal aunt to use marijuana in Kaliyah’s presence and marijuana was found in the home. In March 2013 jurisdiction was terminated after T.J. had completed all court-ordered programs including substance abuse treatment and random drug testing. On August 5, 2013 the Department received a referral alleging general neglect of two-year-old Kaliyah by T.J, as well as a companion referral alleging T.J.’s third child, 11-month-old S.A., was being neglected by her father, H.A., and her paternal grandmother with whom S.A. was living. On August 26, 2013 T.J. told a Department social worker she had been living with Kaliyah, S.A., H.A. and the paternal grandmother when T.J. and H.A. ended their relationship. T.J. had left S.A. in the paternal