In re J.P. CA2/5

Filed 4/1/16 In re J.P. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re J.P., a Person Coming Under the B265891 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK66721)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

DAISY N.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Terry T. Truong, Juvenile Court Referee. Affirmed. Anne E. Fragasso, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent. __________________________

Daisy N. (mother) appeals from the dependency court’s June 2, 2015 order denying without a hearing her petition to change court orders under Welfare and Institutions Code section 388.1 Mother also appeals the court’s juvenile custody and visitation orders denying her joint legal custody and granting monitored visitation with her children, contending those orders constituted prejudicial error. We affirm.

FACTS AND PROCEDURAL HISTORY

This case involves mother’s four minor children, an eleven-year-old boy, a nine- year-old boy, a seven-year-old girl, and a two-year-old girl, all of whom currently live with Juan R. (father).2 Mother and father separated in 2011. Father is the presumed father of all four children, and biological father to the youngest three. The family has an extensive history of child welfare referrals, but the current case came to the attention of the Los Angeles County Department of Children and Family Services (Department) through a referral to the child abuse hotline in April 2014. The reporting party had observed a glass pipe that smelled of methamphetamine in father’s closet. The Department learned during its investigation that mother had custody of the eleven-year- old boy and the seven-year-old girl, and there was no family law order with respect to the two-year-old girl. Despite the custody orders and concerns about substance use in father’s home, mother permitted all four children to live with father. During an interview at father’s home, the two-year-old handed the social worker a broken glass pipe with white/tan/black residue, identifying the pipe as possibly belonging to a paternal uncle who resided in the home. Based on continuing concerns about mother’s psychological