In re A.B. CA2/2

Filed 10/1/15 In re A.B. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re A.B. et al., Persons Coming Under the B261472 Juvenile Court Law. (Los Angeles County Super. Ct. No. DK07747)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

OCTAVIO B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Philip L. Soto, Judge. Affirmed. Jack A. Love, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jessica Paulson-Duffy, Deputy County Counsel, for Plaintiff and Respondent. No appearance for Minors. ******

Tina B. (mother) had methamphetamines, a digital scale, empty baggies, and two glass pipes in her car along with four of her five children. The Department sought to exercise dependency jurisdiction over all five children on the basis of mother’s drug use, Octavio B.’s (father) failure to protect the children from mother’s drug use, and the unsanitary condition of their home. Father argues that the juvenile court’s findings against him are not supported by substantial evidence. We are unpersuaded, and affirm. FACTUAL AND PROCEDURAL HISTORY Mother and father have five children—A.B. (born 2000), V.B. (born 2002), E.B. (born 2004), S.B. (born 2009), and M.B (born 2012). In late September 2014, while father was in the hospital with acute heart failure brought on by diabetes, mother drove a car containing vials of methamphetamine, a digital scale, empty baggies, and nearly $3,000 in cash, while under the influence of methamphetamine. Her four youngest children were in the car with her. After the Los Angeles County Department of Children and Family Services (Department) took custody of the children, Department personnel visited the family home; it was surrounded by broken glass, trash, scrap metal and dog feces. In the months leading up to mother’s arrest for drug possession, father initially stated that he “had suspicions” mother might be using drugs given her open sores and unusual behavior, but he later disclaimed any awareness she was actually using drugs. He also knew that drug users were staying in and around the house. During that same time frame, school personnel had noticed the children’s lack of hygiene, the middle child made wheezing noises when he spoke, and the youngest child had spent two weeks in a hospital after surgery for a lymph node infection. The Department filed a petition asking the juvenile court to assert dependency jurisdiction over all five children under Welfare and Institutions Code section 300,