In re Z.R. CA2/8

Filed 12/31/14 In re Z.R. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re Z.R., et al., Persons Coming Under B253782 the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. CK97023) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

T.A.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Tony L. Richardson, Judge. Affirmed.

Marissa Coffey, under appointment by the Court of Appeal, for Appellant.

Richard D. Weiss, Acting County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jacklyn K. Louie, Deputy County Counsel.

__________________________

Mother T.A. appeals from the juvenile court order taking jurisdiction of daughter Z.R. based on mother’s drug abuse and the concomitant order placing the child in foster care. We affirm the jurisdictional order because jurisdiction was also assumed based on father’s drug abuse, and we affirm the dispositional order because there was substantial evidence that placement with the mother posed a risk of harm to the child.

FACTS AND PROCEDURAL HISTORY1

On December 31, 2013, the juvenile court assumed jurisdiction of 22-month-old Z.R. after sustaining allegations that her parents – mother T.A. and father D.R. – had a history of drug abuse that left them unable to properly care for the minor and placed her at a substantial risk of harm. (Welf. & Inst. Code, § 300, subd. (b).) Mother tested positive for marijuana when Z.R. was born, although the child did not have marijuana in her system. Mother had lost five previous children in the Arizona dependency system due to cocaine and marijuana abuse. She also had several prostitution related convictions, including one that occurred while this dependency proceeding was pending. The manager of the apartment building where parents lived told a social worker for respondent Los Angeles County Department of Children and Family Services (DCFS) that their apartment reeked of marijuana. The minor’s nanny also reported that the minor always smelled of marijuana and cigarettes. There were also allegations of domestic violence, but mother recanted those and said she had filed false police reports claiming father had struck her. Father was reportedly mother’s pimp and had a lengthy criminal history, including battery, assault with a firearm, sex with a minor, battery on a peace officer, and resisting arrest. Mother claimed she had stopped using cocaine in 2002 and, as of March 2013, smoked marijuana only twice a day to ease her chronic back and leg pain. She obtained a marijuana prescription for that purpose, but said she never saw any other physician beforehand to diagnose and treat her pain. Mother claimed she kept the substance well