In re Genesis G. CA2/2

Filed 2/17/15 In re Genesis G. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 GENESIS G., a Person Coming Under B255914 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK99768)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JUAN G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Philip Soto, Judge. Affirmed.

Karen B. Stalter, under appointment by the Court of Appeal, for Defendant and Appellant.

Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent.

_________________________

Juan G. (father) appeals from the finding of jurisdiction over his daughter, Genesis G. (minor), in connection with a petition filed under Welfare and Institutions Code section 342.1 We find no error and affirm. FACTS In 2001, father was convicted of felony possession of a controlled substance. Four years later, he was convicted of using a controlled substance. That offense was a misdemeanor. The minor was born in early 2009. On May 31, 2013, when she was four years old, the Department of Children and Family Services (Department) filed a section 300 petition on the minor’s behalf. It alleged that the minor’s mother, Mayra R. (mother), had a history of illicit drug abuse, and that while caring for the minor, mother was under the influence of methamphetamine, which placed the minor at risk of physical harm. As to father, the petition alleged that his whereabouts were unknown. At the jurisdiction hearing, the juvenile court sustained one count under section 300, subdivision (b) against mother. Father appeared at the six-month review. He filled out a “Statement Regarding Parentage” form and stated his belief that he was the minor’s parent. The juvenile court declared him the presumed father. He was granted monitored visitation and ordered to drug test. On January 22, 2014, father failed to drug test as requested, and then missed a second appointment to drug test on February 4, 2014. He drug tested on February 5, 2014, and the result was positive for amphetamines and methamphetamines. The following month, the Department filed a section 342 petition on behalf of the minor alleging that she was at risk of harm within the meaning of section 300, subdivision (b), due to father’s history of using illicit drugs, which rendered him incapable of providing the minor with regular care.