In re O.L. CA2/3

Filed 12/30/15 In re O.L. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 O.L., a Person Coming Under B264725 the Juvenile Court Law. _____________________________________ (Los Angeles County Super. Ct. No. DK08434) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

IVAN D.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Philip Soto, Judge. Affirmed as modified. Nancy O. Flores, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and William D. Thetford, Principal Deputy County Counsel for Plaintiff and Respondent. _________________________

Ivan D. (father) appeals from the juvenile court’s jurisdictional and dispositional orders regarding his seven-year-old son, O.L. Father challenges one of the court’s jurisdictional findings  that his substance abuse endangered O.L.  as well as the court’s order that father submit to random drug tests. We exercise our discretion to reach the merits of father’s challenge to the substance abuse finding and conclude it is not supported by substantial evidence. With respect to the dispositional order, we conclude the court did not abuse its discretion in ordering father to submit to drug tests. We therefore modify the court’s jurisdictional findings and affirm the dispositional order. FACTUAL AND PROCEDURAL BACKGROUND In October 2014, O.L. was living with his mother, Rosa L. (mother), his two half- brothers, J.L. and A.M., and mother’s boyfriend, Eric M., when the Department of Children and Family Services (Department) received a referral alleging the children were “dirty” and “d[id] not bathe.” The Department investigated the report, and mother and Eric admitted that they used methamphetamines. The children were detained and placed in foster care. Father told the Department social worker he had seen O.L. only six times because mother would not let him visit. He acknowledged he knew mother was “doing drugs,” and said he had used crystal methamphetamines when he lived with her but had stopped in 2009. Father expressed interest in taking custody of O.L. Father drug tested in December 2014 and tested positive for alcohol. When asked about the test, father said he had not been drinking “but that he is diabetic.” In January 2015, father submitted to a second drug test and again tested positive for alcohol. A staff member at the laboratory told the social worker that “it was possible that if a person is diabetic then [] his sugar levels could show a ‘positive test’ . . . [because] Glucose + Bacteria could produce Ethanol which is alcohol . . . .” The staff member stated that in order to determine if father had consumed alcohol, he would have to submit to a blood test. The Department filed a petition alleging the children were endangered by mother’s and Eric’s illicit drug use. The Department later amended the petition to further allege 2