In re Joseph O. CA2/2

Filed 2/18/16 In re Joseph O. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JOSEPH O. et al., Persons Coming B262005 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK00788)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ANN O.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Annabelle G. Cortez, Judge. Affirmed.

Stephanie M. Davis, under appointment by the Court of Appeal, for Defendant and Appellant.

Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Tracey F. Dodds, Deputy County Counsel, for Plaintiff and Respondent. _________________________

Ann O. (mother) appeals from a juvenile court order granting the father, Jesus O. (father), of Joseph O. (Joseph, born Dec. 2003), Timothy O. (Timothy, born May 2006), M.O. (M.O., born Jan. 2007), and Aaron O. (Aaron, born Feb. 2009) the right and responsibility of choosing the monitor for mother’s visits. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Detention from mother At the time the Los Angeles County Department of Children and Family Services (DCFS) became involved in this matter, mother and father were separated. The family came to the attention of DCFS as a result of a referral received on August 26, 2013, stating that Joseph felt ill after visiting with mother. Allegedly, the illness was caused by the heavy odor of marijuana coming from mother’s bedroom. The social worker interviewed Joseph, Aaron, and M.O.; Joseph told her that mother and the maternal grandparents used marijuana. He said that he could smell it and it almost made him throw up. He denied seeing mother smoking marijuana, but said, “I know she smokes in her room. I always smell marijuana when I visit my mom.” Aaron reported that mother smoked drugs that look like a cigarette. When asked about drugs, M.O. said, “[s]moking out of the tube that’s bad for you.” The social worker also spoke to mother, who admitted to using marijuana on a daily basis and usually at night. She had a medical marijuana license and used marijuana for back pain and depression. She declined to drug test. She denied ever smoking marijuana in front of the children and denied using marijuana inside the home when the children were visiting. On September 3, 2013, the children were detained from mother and placed with father. On September 6, 2013, DCFS filed a petition pursuant to Welfare and Institutions Code section 300,1 alleging that the children needed the protection of the juvenile court.