In re A v. CA2/3

Filed 3/29/16 In re A.V. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re A.V., a Person Coming Under the B262140 Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DK07731) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ALFONSO V.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Julie Blackshaw, Judge. Affirmed. Robert McLaughlin, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent. _________________________

INTRODUCTION Father, Alfonso V., appeals from the orders of the juvenile court taking jurisdiction over his nine-year-old son Angelo and ordering father into a substance abuse program. (Welf. & Inst. Code, §§ 300, subd. (b) & 362, subd. (c).)1 We affirm. FACTUAL AND PROCEDURAL BACKGROUND The Department of Children and Family Services (the Department) filed a petition in early October 2014, alleging in relevant part, “b-2 [¶] On 10/2/14 and on prior occasions, the child Angelo V[.]’s father, Alfonso V[.] Sr. established a detrimental and endangering home environment for the child in that the father possessed marijuana and drug paraphernalia in the child’s home, within access of the child,” which conduct endangers the child’s physical health and safety and places the child at risk of physical harm, damage, and danger. The record shows that Angelo lived with father under a family law order granting him sole physical custody. Angelo has had limited contact with his mother.2 Father has an extensive history of referrals to the Department involving drug use, violence in the home, emotional abuse, and general neglect of Angelo. Father also has a criminal history that includes arrests for possession of controlled substances in 2002, driving under the influence in 2007, vandalism in 2011, and for driving on a suspended license or without a license in 2005 and 2010. In August 2014, the Department received an anonymous referral alleging that father was emotionally abusing and neglecting Angelo. The caller alleged that father was verbally abusive toward Angelo and smoked marijuana daily at home, causing his apartment and the one upstairs to have a strong odor of the drug. Father was heard screaming at the child who was heard crying. Father allowed the investigating social worker to enter his one-room apartment, where she observed burnt residue on the table from either incense or marijuana. Father