In re Valentina R. CA2/1

Filed 12/30/14 In re Valentina R. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re VALENTINA R. et al., Persons B254588 Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK90698)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

T.R.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Philip Soto, Judge. Affirmed. ______ Lori Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. Richard D. Weiss, Acting County Counsel, Dawyn R. Harrison, Assistant County Counsel, Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent. ______

Mother T.R. appeals from the judgment entered after the juvenile court declared her daughters, Valentina and Ava R., two-year-old twins, dependents of the court under Welfare and Institutions Code section 300, subdivision (b)1, and removed the children from her custody. Mother contends substantial evidence does not support the jurisdictional finding against her and, even if jurisdiction were proper, substantial evidence does not support removal under section 361, subdivision (c)(1). We disagree with mother’s contentions and thus affirm the judgment. DISCUSSION 1. Jurisdiction Under Section 300, Subdivision (b) “The purpose of section 300 is ‘to identify those children over whom the juvenile court may exercise its jurisdiction and adjudge dependents.’ [Citation.]” (In re A.O. (2010) 185 Cal.App.4th 103, 110.) To declare a child a dependent under section 300, the juvenile court must find by a preponderance of the evidence that the allegations are true. (In re Matthew S. (1996) 41 Cal.App.4th 1311, 1318; see § 355, subd. (a).) We review the court’s findings under section 300 for substantial evidence and will affirm the judgment based on those findings if they are supported by reasonable, credible evidence of solid value. (Matthew S., at p. 1319.) Under section 300, subdivision (b), the juvenile court may adjudge a child a dependent of the court when “[t]he child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent . . . to adequately supervise or protect the child . . . .” “A jurisdictional finding under section 300, subdivision (b)[,] requires: ‘“(1) neglectful conduct by the parent in one of the specified forms; (2) causation; and (3) ‘serious physical harm or illness’ to the child, or a ‘substantial risk’ of such harm or illness.” [Citation.]’ [Citations.]” (In re James R. (2009) 176 Cal.App.4th 129, 135.) When the jurisdictional finding is “based on the parent’s ‘inability . . . to adequately supervise or protect the child[]’” the Department of Children and Family Services (DCFS) must show