In re S.K. CA1/3

Filed 12/26/14 In re S.K. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.K., a Person Coming Under the Juvenile Court Law.

ALAMEDA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, A142149 v. (Alameda County P.K., Super. Ct. No. OJ14022590) Defendant and Appellant.

P.K. (Father), father of 17-year-old S.K., appeals from the juvenile court’s order removing S.K. from his custody and placing her in the home of a relative. He contends: (1) there was no substantial evidence to support the findings that there was a substantial risk of serious harm to S.K. due to her parents’ failure to protect her, or that she was left without provision for support; and (2) the juvenile court abused its discretion in ordering him to participate in reunification services. We reject the contentions and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND On March 19, 2014, the Alameda County Social Services Agency (“Agency”) filed a petition alleging there was a substantial risk of serious harm to S.K. due to her

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parents’ failure to protect her (Welf. & Inst. Code, § 300, subd. (b)1), and that she had been left without any provision for support (§ 300, subd. (g)). According to the petition, S.K.’s paternal grandmother (Paternal Grandmother), who had cared for S.K. since she was five years old, was no longer willing to provide care for her. At the time of the petition, S.K. was in her maternal grandmother’s (Maternal Grandmother) care without provision for financial support by her parents. Her mother (Mother) had a history of substance abuse that interfered with her ability to care for S.K., and Mother’s other two minor children2 were under the legal guardianship of Maternal Grandmother due to neglect issues. Neither Mother nor Father had a stable or adequate place for S.K. to live. S.K. refused to return to the home of Paternal Grandmother, Mother, or Father, stating each of them had a substance abuse problem. The petition further alleged that Mother and Father had not provided care or financial support for S.K. since she was five years old. According to the detention report, Mother and Father were “reported to abuse illegal drugs” and were homeless. Mother acknowledged she struggled with substance abuse and said Father was also “in and out” of his addiction. She reported that when Father receives his disability check, he and Mother “smoke crack together.” She did not have a home and said she would not be able to care for S.K. Father reported that he was awarded legal and physical custody of S.K. when she was very young because she was born with drugs in her system and Mother was homeless.3 He had not appeared to have been actively involved in his daughter’s care. He said he was “not totally in agreement with [S.K.’s] placement with [Maternal Grandmother], but he did not wish her to be placed in foster care.” He said he was living with his friends at the time of the report but