In re Francisco O. CA1/3

Filed 7/31/14 In re Francisco O. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

In re FRANCISCO O. et al., Persons Coming Under the Juvenile Court Law.

SAN MATEO COUNTY HUMAN SERVICES AGENCY, A137184, A139786 Plaintiff and Respondent, v. (San Mateo County Super. Ct. Nos. 82394, 82395, A.O., 82396, 82397) Defendant and Appellant.

A.O. (mother) appeals orders adjudicating four of her children dependents of the court and appointing their paternal grandparents as guardians. Mother contests the jurisdictional finding alone. She maintains there is insufficient evidence to support the trial court’s findings that her conduct was neglectful and placed the children at substantial risk of harm. (Welf. & Inst. Code, § 300, subd. (b).)1 We shall affirm the order. Statement of Facts and Procedural History Mother is 29 years old and has seven children; two from her first marriage, four from her second marriage, and one from her latest relationship. The two eldest children live with their father and the youngest child is the subject of a separate dependency proceeding. At issue here are the four children from her second marriage who were born between 2005 and 2010.

1 All further section references are to this code.

1

In April 2012, the children’s paternal grandmother filed a petition in probate court seeking guardianship of the children. The grandmother said the children were living with her, as they had for most of their lives, but mother threatened to remove the children. The grandmother asserted that mother was incapable of caring for the children and had, on more than one visit, brought the children back to grandmother’s house “dirty, hungry and inappropriately dressed for the weather.” Mother opposed the guardianship petition. The San Mateo County Human Services Agency (agency) investigated the family and, in June 2012, filed a petition alleging that mother’s neglect placed the children at substantial risk of harm. (§ 300, subd. (b).) The probate court petition was stayed pending resolution of the dependency proceeding. In the dependency proceeding, the agency alleged mother has a historical and ongoing drug abuse problem. The agency further alleged that mother exposed her children to domestic violence, was currently homeless and, despite her homelessness, threatened to remove the children from their grandparents’ home. “The mother’s poor judgment, unstable life conditions, and continued drug abuse place the child[ren] at substantial risk of harm,” the agency averred. The children’s father was in prison and supported their placement with his parents. In advance of the detention hearing, the agency filed a report stating that mother has “untreated substance abuse and possible mental health issues.” The agency described several prior referrals between 2005 to 2011 concerning mother’s neglect, including instances in which she abandoned the children without providing for their care. In 2011, Mother twice tested positive for methamphetamine and was in a methadone program. In May 2012, one month before the dependency petition was filed, mother was hospitalized after cutting her arm with scissors in an apparent suicide attempt. Family members reported mother being under the influence of drugs and alcohol on multiple occasions. Mother, however, denied having “any issues with drugs or alcohol.” Mother also denied associating with street gang members despite the fact that the children’s father and the father of mother’s youngest child have convictions for gang-related crimes.