In re E.W. CA2/6

Filed 2/2/16 In re E.W. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re E.W., a Person Coming Under the 2d Juv. No. B263634 Juvenile Court Law. (Super. Ct. No. 14JV-00458) (San Luis Obispo County)

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

RYAN W.,

Defendant and Appellant.

Ryan W. (Father) appeals the juvenile court's jurisdictional and dispositional orders which removed his son, E.W., from his custody after the San Luis Obispo County Department of Social Services (DSS) filed a juvenile dependency petition. (Welf. & Inst. Code, § 300, subd. (b)(1).)1 We conclude, among other things, that substantial evidence supports the findings that 1) Father did not adequately supervise and protect his son which placed the child at risk of harm, and 2) removal of the child from Father's custody was necessary. We affirm.

1 All statutory references are to the Welfare and Institutions Code.

FACTS DSS filed a juvenile dependency petition alleging N.G. (Mother) and Father failed to protect their 14-year-old son, E.W., causing a substantial risk that E.W. will suffer serious physical harm. In 2013, E.W. was arrested at Mother's residence "for a probation violation after testing positive for marijuana." Mother was arrested for felony possession of a "narcotic controlled substance" and drug paraphernalia. E.W. was "released to father's custody in Oklahoma." In December 2013, E.W. "was placed into protective custody in Oklahoma" for smoking "marijuana alone in his father's residence." DSS alleged Father "was unable to be located in a timely manner"; and during a search of his residence, police found "additional marijuana, drug paraphernalia, and a stolen gun." Father was arrested on "an outstanding warrant." The Oklahoma Department of Human Services (ODHS) took "emergency custody." In a December 16, 2013, report, it said E.W. was "a Ward of the State of California before being sent to live with his father . . . in . . . Oklahoma. . . . San Luis Obispo County and Washington County [Oklahoma] Courts continue to collaborate to determine the best course of action for [E.W.]." E.W. remained in an "out of home placement in Oklahoma" until April 2014, when the juvenile case was closed and E.W. was "returned to his father's care." Father sent E.W. to California to live with his maternal grandparents. In November 2014, E.W. was arrested for "vandalizing items in his mother's home." E.W. told a DSS social worker that "he has not spoken with his father since October of 2014, and believes his father is having to reside in a hotel and is working to manage his criminal charges." DSS was not able to contact father "until the first part of December 2014." DSS claimed Father's "charge of criminal activity and possible substance abuse has impacted his ability to maintain custody of his son . . . ." During a contested jurisdictional/dispositional hearing, Father testified, "I would like to see the court give me jurisdiction over my son . . . ." Father was asked, "Would you be able to have [E.W.] placed in your home today?" Father answered, "No."