In re Nancy P. CA2/2

Filed 5/4/15 In re Nancy P. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 NANCY P., a Person Coming Under B259126 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK75178) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent.

v.

MIRANDA E.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Robert S. Draper, Judge. Affirmed.

Lori Siegel, under appointment by the Court of Appeal, for Defendant and Appellant.

Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel for Plaintiff and Respondent.

Appellant Miranda E. (mother) appeals from the juvenile court’s findings and orders establishing dependency jurisdiction over her daughter Nancy P. (born Sept. 1998), and requiring mother to participate in random drug and alcohol testing and in counseling to address sex abuse issues. Mother contends there was insufficient evidence to support the juvenile court’s jurisdictional findings under Welfare and Institutions Code section 300, subdivisions (b) and (d)1 that mother failed to protect Nancy from sexual abuse by mother’s male companion, and that mother abused alcohol, placing Nancy at risk of harm. We affirm the juvenile court’s jurisdictional and dispositional orders. BACKGROUND Section 300 petition and prior child welfare history On June 9, 2014, the Los Angeles County Department of Children and Family Services (the Department) received a referral alleging that mother’s boyfriend Jose L., had sexually abused Nancy. On June 6, 2014, Jose approached Nancy and began touching her chest. Nancy asked him to stop, but Jose persisted. When Nancy moved away from him, Jose attempted to touch her leg. Later that evening, Nancy told mother what had happened, and mother evicted Jose from the family home. The family had a history with the Department that included a sustained petition under section 300, subdivision (b) that Nancy’s presumed father, Francisco P. (father), sexually abused Nancy and that mother failed to protect Nancy when she knew of the sexual abuse. Father was arrested and incarcerated, and mother received family preservation services. In February 2014, Nancy was hospitalized for self-cutting and expressing suicidal ideations. She told mother that mother’s boyfriend Jose, who resided in the family home, was a “bad person” and had touched her inappropriately and without her permission. The Department’s investigation of the February 2014 referral was pending at the time it received the June 2014 sexual abuse referral. Nancy told the social worker who responded to the June 2014 referral that Jose no longer lived with the family because he “tried to touch me again.” Nancy said that she