In re Anthony A. CA2/2

Filed 12/30/15 In re Anthony A. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Anthony A., a Person Coming Under B263421 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK04555)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

Gabriel M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Connie R. Quinones, Judge. Affirmed. Judy Weissberg-Ortiz, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jeanette Cauble, Senior Deputy County Counsel, for Plaintiff and Respondent. No appearance for Minor.

****** Gabriel M. (Father) argues that the juvenile court erred in asserting dependency jurisdiction over his infant son because the evidence did not support the court’s findings that father was a substance abuser or that father’s drug use put his son at substantial risk of seriously physical harm. We disagree, and affirm. FACTUAL AND PROCEDURAL HISTORY Anthony A. (Anthony) was born in November 2014. His parents are father and Bella A. (mother). Anthony is father’s first child and mother’s second. The juvenile court had already exerted dependency jurisdiction over Anthony’s older half-brother, A.Z., due to mother’s mental health issues and history of substance abuse. Within days of Anthony’s birth, the Los Angeles County Department of Children and Family Services (Department) filed a petition asking the juvenile court to assert dependency jurisdiction over Anthony due to (1) mother’s “mental and emotional 1 problems” (Welf. & Inst. Code, § 300, subd. (b)), (2) mother’s “history of substance abuse” (ibid.), and (3) mother’s abuse and neglect of A.Z. (§ 300, subd. (j)). In a first amended petition, the Department added two additional bases of jurisdiction against father: (1) father’s “history of substance abuse” (§ 300, subd. (b)); and (2) his physical violence against a woman other than mother (ibid.). At the jurisdictional hearing in March 2015, mother admitted the allegations based on her abuse and neglect of A.Z. Father contested the allegations against him. The Department presented father’s extensive criminal history, including three convictions (in 2007, 2009, and 2013) for possessing a controlled substance and one conviction (in 2011) for being under the influence of a controlled substance. The Department also presented father’s admissions that he had been using methamphetamine for the four years prior to Anthony’s birth; that he had offered to share with mother a “pound of shit” (referring to