In re P.D. CA2/2

Filed 10/27/14 In re P.D. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re P.D., a Person Coming Under the B253169 Juvenile Court Law. (Los Angeles County Super. Ct. No. DK00867)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

VANESSA D.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Julie F. Blackshaw, Judge. Affirmed. Lori A. Fields, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Tracey F. Dodds, Deputy County Counsel, for Plaintiff and Respondent.

Vanessa D. (Mother) challenges the trial court’s order placing her five-year-old son P.D. (Minor) with his maternal grandmother (Grandmother). We affirm. FACTS AND PROCEDURAL BACKGROUND Mother has a drinking problem that dates back more than 20 years, has a history of methamphetamine use, and has been diagnosed with anxiety and bipolar disorder. She gave birth to Minor in 2009. Although she remained sober during pregnancy and for more than a year after his birth, she has since had three relapses. In 2011, she drove while intoxicated and without properly securing Minor in his car seat; she was subsequently convicted of willful cruelty to a child, a misdemeanor. She had a second relapse in late 2012, when she picked up Minor from daycare while drunk. Her third relapse occurred in 2013, when she drank herself to unconsciousness and awoke hours later unsure of Minor’s whereabouts. Minor was safe because Grandmother had picked him up from daycare. This last incident came to the attention of the Los Angeles County Department of Children and Family Services (Department). The Department filed a petition seeking to remove Minor from Mother’s custody due to her substance abuse, her mental health and emotional problems, and unresolved domestic violence issues with Minor’s biological father. The trial court concluded at the detention hearing that the Department established a prima facie case for removal. The disposition hearing was contested. The Department sought removal due to Mother’s “extensive history of substance abuse” and “failed attempts at treatment and sobriety,” which in its view put Minor at “very high risk” of future abuse and negligence. The Department recognized Mother’s postremoval efforts to remain sober, but argued it was “too soon” to place Minor back in her care. In opposing removal, Mother took the stand and also called two of her current treatment counselors who testified to her good progress. After hearing the evidence and argument, the court noted that Mother had made “significant progress in addressing her issues” and asked whether Mother and Minor