In re Paige M. CA2/1

Filed 7/30/14 In re Paige M. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re PAIGE M. et al., Persons Coming B252537 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK98087)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

DESIRAE V.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Annabelle G. Cortez, Judge. Affirmed. ______ Megan Turkat Schirn, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent. ______

Mother Desirae V. appeals from the judgment entered after the juvenile court declared her children, Paige M. and James T., Jr., dependents of the court, placed the children with their respective fathers, terminated jurisdiction and made family law orders. Mother contends that substantial evidence does not support the jurisdictional findings. We disagree and thus affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On March 4, 2013, the Department of Children and Family Services (DCFS) filed a Welfare and Institutions Code section 300 petition1 as to Paige, then age eight, and James, then age four. As amended, the petition alleged under subdivision (b) that Mother “has a history of illicit drug use, and is a current user of marijuana, which renders the mother incapable of providing regular care of the children. On 12/19/2012, the mother used, possessed and was under the influence of marijuana while the child, James, was in the mother’s care and supervision. The mother’s illicit drug use endangers the children’s physical health and safety and creates a detrimental home environment, placing the children at risk of physical harm.” It also alleged as to James under subdivision (b) and as to Paige under subdivision (j) that, “[o]n 12/19/2012, . . . mother . . . created a detrimental and endangering situation for the child James, in that the mother allowed unrelated males to use, possess and be under the influence of marijuana, in the children’s home in the child[] James’[s] presence. Such a detrimental and endangering situation established for the child by the mother, and the mother’s failure to protect the child, endangers the child’s physical health and safety and places the child and the child’s sibling, Paige, at risk of physical harm.” At the detention hearing, also on March 4, the juvenile court ordered James released to his father in San Diego and Paige detained in foster care. The court ordered mother not to smoke marijuana and granted her monitored visitation, family reunification services as to Paige and family maintenance services as to James. The court later released Paige to her father, who lives in Washington. Both fathers were ordered to