Melinda C. v. Super. Ct.CA4/3

Filed 5/13/15 Melinda C. v. Super. Ct.CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

MELINDA C.,

Petitioner,

v.

THE SUPERIOR COURT OF ORANGE G051618 COUNTY, (Super. Ct. No. DP023872) Respondent; OPINION ORANGE COUNTY SOCIAL SERVICES AGENCY et al.,

Real Parties in Interest.

Original proceedings; petition for a writ of mandate to challenge an order of the Superior Court of Orange County, Dennis J. Keough, Judge. Petition denied.

Law Office of Patricia Smeets Rossmeisl and Patricia Smeets Rossmeisl for Petitioner. No appearance for Respondent. Nicholas S. Chrisos, County Counsel, Karen L. Christensen and Aurelio Torre, Deputy County Counsel, for Real Party in Interest Orange County Social Services Agency. Law Office of Harold LaFlamme and Jess Ann Hite for the Minor. * * * Petitioner contends substantial evidence does not support the juvenile court’s orders to remove the minor from her custody and set a hearing to terminate her parental rights following the filing of a Welfare and Institutions Code section 387 supplemental pleading. (All statutory references are to the Welfare and Institutions Code.) We deny the petition. I FACTS The minor, A.C., now three years old, was born with a positive toxicology screen for amphetamine and methampthetamine. The Los Angeles Superior Court declared A.C. a dependent child of the juvenile court. She was put under the care of the Department of Children and Family Services, placed in a licensed foster home at first and later in the home of a maternal aunt. The minor’s mother Melinda C., the petitioner here, argues the juvenile court lacked substantial evidence the minor would be at risk if returned to her. The minor’s father, Adrian R., has a history of substance abuse and as of June 2012 “is a current abuser of methamphetamine, marijuana, alcohol and pain medication.” Both parents have long criminal histories. A dependency petition filed on behalf of the minor’s half sibling M.L. was sustained in 2009 because petitioner “created an endangering home environment for the