In re A.A. CA2/8

Filed 8/7/14 In re A.A. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re A.A., et al., Persons Coming Under B252512 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK77899)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

SANDRA G.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Rudolph A. Diaz, Judge. Affirmed. Lori Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, and Kim Nemoy, Deputy County Counsel, for Plaintiff and Respondent. ******

The court took jurisdiction over mother’s four children (ages 8, 4, 2, and newborn) after the youngest M.L. was born with a positive toxicology for amphetamine. Mother, Sandra G. challenges the admission of the positive drug test and argues that no substantial evidence supported jurisdiction. We affirm. FACTS AND PROCEDURE 1. Current Petition and Prior Proceedings On May 1, 2013, the Los Angeles County Department of Children and Family Services (DCFS) filed a petition, which as subsequently sustained, alleged that M.L. was born with a positive toxicology for amphetamine which placed him and his three siblings at risk of physical harm. The petition further alleged that mother had an unresolved history of drug abuse rendering her unable to provide regular care for her children. The petition alleged that mother had a history of depression and failed to take her prescribed medication. It also alleged that father, Benjamin J. was unable to provide ongoing care for the children.1 Prior history showed that mother failed to protect M.L.’s siblings from a male companion who fractured mother’s daughter B.S.’s jaw. The male companion also inflicted domestic violence on mother. Mother initially lied to DCFS, telling a social worker she had been assaulted by a stranger. 2. DCFS Reports An exhibit attached to the detention report indicated that on April 25 and 26, 2013, M.L.’s “value” for amphetamine was positive. Mother challenged the admission of the test result. M.L. was born healthy without any withdrawal symptoms. Mother’s older two children showed no understanding of drugs and never saw mother under the influence of a controlled substance. An unidentified person reported that M.L. tested positive for amphetamine on April 25, 2013. Mother initially categorically denied drug use. When questioned again