In re Mc. H. CA4/3

Filed 1/8/16 In re Mc. H. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

THREE

In re MC.H., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G052211 Plaintiff and Respondent, (Super. Ct. No. DP024979) v. OPINION M.H.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Dennis J. Keough, Judge. Affirmed. Michele Anne Cella, under appointment by the Court of Appeal, for Defendant and Appellant.

Leon J. Page, County Counsel, Karen L. Christensen and Aurelio Torre, Deputy County Counsel, for Plaintiff and Respondent. No appearance for Minor. * * *

INTRODUCTION Mc.H., now 11 years old (the minor) was taken into protective custody because his younger brother, J.H., had suffered physical harm and had been starved by his mother, M.O. (mother). The juvenile court declared the minor, J.H, and two other siblings to be dependents of the juvenile court, and determined that it was in the children’s best interests to be placed in the care and custody of the Orange County Social Services Agency (SSA). The minor’s father, M.H. (father), appeals from the order removing the minor from father’s custody and care. We affirm. Substantial evidence supported the juvenile court’s disposition order as to the minor. Father’s use of drugs during the time in which J.H. was harmed by mother, and father’s continuing drug use throughout the dependency period, created a substantial danger to the minor’s health, safety, protection, and physical or emotional well-being.

STATEMENT OF FACTS AND PROCEDURAL HISTORY The minor and his three younger siblings (R.H., J.H., and Mi.H.) were taken into protective custody due to J.H.’s severe malnutrition and multiple injuries. The facts leading to the detention of the minor and his siblings are detailed in an unpublished opinion. (Ma.H. v. Superior Court (Aug. 27, 2015, G051997).) Following a joint jurisdiction and disposition hearing, the juvenile court declared all four children to be dependents of the court, and denied mother and father reunification services as to R.H., J.H., and Mi.H.; reunification services were provided to