In re P.B. CA1/1

Filed 2/5/16 In re P.B. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re P.B., a Person Coming Under the Juvenile Court Law.

HUMBOLDT COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHILD WELFARE SERVICES BRANCH, A145090

Plaintiff and Respondent, (Humboldt County v. Super. Ct. No. JV140245) L.N., Defendant and Appellant.

P.B. was removed from his parents’ custody when he was two months old after he experienced serious and rapid weight loss. L.N., P.B.’s mother (Mother), appeals from the jurisdictional and dispositional orders of the juvenile court. She maintains no substantial evidence supported either the jurisdictional findings regarding failure to protect or the dispositional findings in support of removing P.B. from Mother’s care. We disagree, and affirm. BACKGROUND In October 2014, the Humboldt County Department of Health and Human Services, Child Welfare Services Division (Department), received a referral of general neglect regarding P.B. the day after he was born. P.B. was born with a pneumothorax

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(collapsed lung), high respiratory rate, and had difficulty maintaining his body temperature. Both parents had developmental disabilities and were clients of the local regional center. Mother had a “mild intellectual disability and a second grade reading level . . . is easily overwhelmed and has seizure like symptoms when she gets anxious or overwhelmed.” The Department received the referral based on the parents’ difficulty meeting P.B.’s basic needs and maintaining their own personal hygiene and living environment, and initiated a “non-court family maintenance case” to support the parents in caring for P.B. at home and “assist the parents in feeding the infant.” About a month later, the Department received another referral of general neglect based on P.B. losing weight and his father (Father) yelling at him “almost daily.” In December 2014, the Department received a third referral of general neglect based on P.B. being “dressed only in a diaper and . . . chilly.” P.B. had gained only one and a half pounds in two months. Father treated P.B. roughly and yelled at him to “shut up” when he cried. Two weeks later, the Department received yet another referral of general neglect as to Mother and severe neglect as to Father. Father exhibited inappropriate behaviors with P.B., such as blowing in his face, yelling and stating “ ‘you are allowed to hit your baby as long as you do not leave welts or marks.’ ” Social workers visited the home, and found open medication bottles, trash, dirty diapers and items that were choking hazards strewn about the home. Father reported P.B. had been vomiting all day. He claimed a parent educator told him blowing in the baby’s face was a good way to comfort him and get him to stop crying. Both parents indicated P.B. used “sign language” to indicate he was hungry, which they explained meant P.B. indicating his hunger by putting his hands in his mouth. The parents used “an alarm system to remind them of feedings.” P.B., who had trouble regulating his body temperature at birth, had cold feet. Mother told the social worker it was not necessary for him to wear socks or a hat indoors because it was warm. The Department obtained a warrant to remove P.B. from his parents after a public health nurse reported P.B. was continuing to lose weight. P.B.’s weight when he was