In re Eliana R. CA2/7

Filed 5/19/15 In re Eliana R. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re ELIANA R. et al., B260466

Persons Coming Under the Juvenile Court (Los Angeles County Law. Super. Ct. No. CK94418)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

GREGORY R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Teresa T. Sullivan, Judge. Affirmed. Daniel G. Rooney, under appointment by the Court of Appeal, for Defendant and Appellant. Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jeanette Cauble, Deputy County Counsel, for Plaintiff and Respondent. _______________________

Gregory R. (Father) appeals from an order terminating his parental rights under Welfare and Institutions Code section 366.261 as to his two daughters, Eliana R. and D.R. He contends the juvenile court erred in terminating parental rights because the girls’ mother, Emmy R. (Mother), did not receive proper notice of the section 366.26 hearing. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On November 13, 2012, the Department of Children and Family Services (DCFS) detained four-month-old Eliana R. after the Los Angeles County Sheriff’s Department executed a search warrant at Father and Mother’s home and took Father into custody. Based on the presence of narcotics paraphernalia in the home, Father’s arrest, and both parents’ history of drug use, DCFS took Eliana into protective custody. DCFS filed a petition under section 300, subdivision (b), alleging that Eliana was at risk of serious physical harm or illness due to the parents’ neglect and substance abuse. The parents pled no contest and at the jurisdiction hearing on March 20, 2013, the juvenile court sustained the petition as amended. It found Father “created an endangering home environment for the child in that a drug pipe and hypodermic needle were found in the child’s home. The child’s father has a history of substance abuse, including heroin. The father has a criminal history of convictions of Possession of a Controlled Substance, Use/Under the Influence of a Controlled Substance, DUI Alcohol/Drugs. Such an endangering home environment established for the child by the father and said substance abuse by the father endangers the child’s safety and places the child at risk of physical harm.” (Count b-1.) The court further found that Mother “has an unresolved history of substance abuse including methamphetamines. Further, on 11/01/2012, drug paraphernalia were found in the child’s home. The mother’s substance abuse placed the