In re R v. CA5

Filed 12/18/14 In re R.V. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re R.V. et al., Persons Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF F069301 SOCIAL SERVICES, (Super. Ct. Nos. 14CEJ30045-1, Plaintiff and Respondent, 14CEJ30045-2, 14CEJ30045-3)

v. OPINION VERONICA C.,

Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Fresno County. Mary Dolas, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Jennifer Gibson, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel C. Cederborg, County Counsel, and Amy K. Cobb, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Cornell, J. and Detjen, J.

Appellant Veronica C. is the mother of two sons, 12-year-old R.V. and three-year- old A.V., and a daughter, nine-month-old D.R., the subjects of this appeal. The juvenile court adjudged the children its dependents at an uncontested jurisdictional hearing after finding that Veronica’s methamphetamine abuse placed them at a substantial risk of harm. (Welf. & Inst. Code, § 300, subd. (b).)1 Veronica contends there was insufficient evidence to support the juvenile court’s jurisdictional finding and asks this court to vacate the finding and direct the juvenile court to dismiss the dependency proceedings. We affirm. PROCEDURAL AND FACTUAL SUMMARY In mid-February 2014, the Fresno County Department of Social Services (department) filed a dependency petition on behalf of then 11-year-old R.V., two-year- old A.V., and newborn D.R., after D.R. and Veronica tested positive for methamphetamine. D.R. was not Veronica’s first drug-exposed baby. In September 2011, Veronica and newborn A.V. tested positive for methamphetamine. Veronica identified her husband David R. as D.R.’s father and Rickey V. as the father of R.V. and A.V. She said David was employed and denied any domestic violence in their relationship. She also denied using corporal punishment to discipline the children. Veronica’s criminal history consisted of one conviction in January 2011 for possession of a controlled substance for which she was sentenced to 24 months of probation. David’s criminal history was more extensive but, according to Veronica, he was on parole and doing well. He was not using drugs and was not aware she was using methamphetamine. She admitted using methamphetamine in early February 2014, but