In re Jonathan H. CA2/3

Filed 7/2/15 In re Jonathan H. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re JONATHAN H., a Person Coming B257482 Under the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK90482) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

MONIQUE A.,

Defendant and Appellant.

APPEAL from order of the Superior Court of Los Angeles County, Marguerite Downing, Judge. Affirmed. Marsha F. Levine, under appointment by the Court of Appeal, for Defendant and Appellant. Amir Pichvai for Plaintiff and Respondent. _________________________

INTRODUCTION Monique A. appeals from the order of the juvenile court taking jurisdiction over her 15-year-old son, Jonathan. (Welf. & Inst. Code, § 300, subd. (b).)1 We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. family history This is the second appeal involving a dependency in this family. In the first dependency commenced in 2011, the juvenile court adjudicated then 12-year-old Jonathan a dependent because mother has mental and emotional problems and failed to take her prescribed medication, and because she was arrested for assault with a deadly weapon after driving onto a lawn to run a relative over with her car, intending to kill the victim. Mother then brandished a pair of scissors and a gun at the relative. Jonathan was present the time. The court issued an order in January 2012 permanently restraining mother from contacting Jonathan because mother had failed to undergo a court-ordered psychiatric evaluation (Evid. Code, § 730), failed to enroll in services, and was negatively influencing Jonathan during unmonitored telephone contact. The court granted Jonathan’s father John N., who was not living with mother, sole legal and physical custody of the child and terminated jurisdiction. We affirmed the orders. (In re J.H. (Sept. 20, 2012, B239461) [nonpub. opn.].) There have been seven other referrals involving mother and Jonathan between 2001 and 2013 that did not result in a dependency. In February 2014, two years later, the Department of Children and Family Services (the Department) filed the petition at issue here on behalf of Jonathan under subdivision (b) of section 300. As sustained, the petition alleges with respect to father that he was unwilling and unable to provide ongoing care and supervision of Jonathan and requested the child be removed from his home and custody. As for mother, the petition alleges that she has a history of mental and emotional problems which render her