In re S.C. CA2/8

Filed 9/15/15 In re S.C. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re S.C. et al., Persons Coming Under the B261478 Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. DK07867) FAMILY SERVICES,

Plaintiff and Respondent,

v.

M.C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Julie Fox Blackshaw, Judge. Affirmed. Karen B. Stalter, under appointment by the Court of Appeal, for Defendant and Appellant. Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jessica Paulson-Duffy, Deputy County Counsel, for Plaintiff and Respondent.

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Mother M.C. appeals from the juvenile court’s jurisdictional findings under section 300, subdivision (b) of the Welfare and Institutions Code1 as to her now 14-year- old daughter E.C. and 17-year-old son S.C., claiming there was not substantial evidence that her substance abuse placed her children at substantial risk of harm. Because mother does not challenge the juvenile court’s jurisdictional findings as to father , who is not a party to this appeal, we find that her challenge to jurisdiction is nonjusticiable. And, in any event, mother’s claim fails on its merits, as there was substantial evidence that mother’s drug use put her children at risk. FACTUAL AND PROCEDURAL BACKGROUND On August 29, 2014, the Los Angeles County Department of Children and Family Services (Department) received a referral, reporting emotional abuse and general neglect of E.C. and S.C. According to the reporting party, mother consumed methamphetamine, heroin, and pain pills, and allowed E.C. to use drugs with her. Mother was never home with the children, but on the streets using drugs. On September 4, a Department social worker contacted the Avalon Sheriff’s Department to inquire about the family. Deputy Torres reported that he visited with the family on August 29, and that he believed the allegations were false, and that mother was caught in the middle of some “island . . . gossip.” Deputy Torres was familiar with the family, and did not believe they had a problem with substances. He believed E.C. was “well adjusted.” S.C. did suffer from some learning disabilities, but was otherwise not a difficult child. He observed the family’s home to be clean with no drug paraphernalia. Deputy Torres did not have any child safety concerns. The following day, the Department social worker spoke with Wayne Herbst, the Dean of the Avalon Schools. Dean Herbst reported that both E.C. and S.C. attended special education classes for learning disabilities. He had no concerns for S.C., who he described as a “sweet kid.” E.C., however, is “very defiant,” and “enamored with