In re Isabella A. CA4/3

Filed 5/14/15 In re Isabella A. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re ISABELLA A., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G051173 Plaintiff and Respondent, (Super. Ct. No. DP024968) v. OPINION LUCY A.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Dennis J. Keough, Judge. Affirmed. Jacob I. Olson, under appointment by the Court of Appeal, for Defendant and Appellant. Nicholas S. Chrisos, County Counsel, Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent. * * *

Lucy A. (mother) appeals from the juvenile court’s dispositional judgment ordering family maintenance services (Welf. & Inst. Code, §360, subd. (b), all statutory further citations are this code).1 Mother contends there was insufficient evidence to show there was a substantial risk of harm to her daughter Isabella A. (born in April 2014). For the reasons expressed below, we affirm. I FACTS AND PROCEDURAL BACKGROUND The Orange County Social Services Agency (SSA) filed a petition in May 2014 alleging Isabella came within the juvenile court’s jurisdiction under section 300, subdivision (b), because she had suffered, or was at risk of suffering, serious physical harm resulting from her parents’ failure or inability to supervise and protect her, and her parents lacked the ability to provide regular care due to their substance abuse. Specifically, the petition alleged that while pregnant with Isabella mother tested positive for amphetamine, methamphetamine and marijuana when admitted to the hospital with pregnancy complications, Isabella was born prematurely (34 weeks, or six weeks early), Isabella’s meconium contained amphetamine and marijuana, and mother had not sought regular prenatal care. Mother had a criminal history, including assaultive offenses and driving under the influence. The father, James F., had a history of drug-related offenses.2 Mother stated she had a medical marijuana card and had used marijuana three or four times during the pregnancy, but had not informed her obstetrician. Mother could not explain why she tested positive for methamphetamine.