In re Joshua C. CA2/5

Filed 8/13/14 In re Joshua C. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re JOSHUA C., a Person Coming Under B253596 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK02007)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

KIMBERLY M.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Julie Blackshaw, 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, Deputy County Counsel for Plaintiff and Respondent.

This is an appeal by Kimberly M. (“mother”) from the jurisdictional findings and disposition orders made at the December 18, 2013 hearing of the juvenile court. Proceedings commenced when mother, while receiving voluntary family maintenance services from the Los Angeles County Department of Children and Family Services (“DCFS”), tested positive for marijuana and methamphetamines. The juvenile court sustained jurisdiction under section 300, subdivision (b) of the Welfare & Institutions Code,1 and made disposition orders. The court sustained allegations that mother’s drug use and the domestic violence between mother and Kevin C. (“father”) created a risk of harm to their children, Andrew C. (age 2) and Joshua C. (age 4). The court ordered the children remove from mother and placed with the maternal grandparents. In this appeal, mother argues that there was insufficient evidence to support a finding of current or future risk of harm to the children due to the parents’ substance abuse or domestic violence. She also contends that the court erred in removing the children from her care, because she had already arranged for their safe and loving care with maternal grandparents. We find substantial evidence for the jurisdictional findings and for removing the children from mother’s care, and so affirm the judgment.