In re N.M. CA2/1

Filed 4/26/16 In re N.M. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re N.M., a Person Coming Under the B263294 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK47476)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JEREMIAH W.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Tony L. Richardson, Judge. Affirmed. Judy Weissberg-Ortiz, under appointment for the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Sarah Vesecky, Senior Deputy County Counsel, for Plaintiff and Respondent. __________________________________

Jeremiah W. (Father) appeals from the juvenile court’s jurisdictional findings and dispositional orders regarding his daughter, N.M. (Baby), now almost two years old. Father argues the court’s findings and orders are not supported by sufficient evidence and he could be prejudiced by them in future proceedings. We disagree. BACKGROUND In April 2014, Baby came to the attention of the Department of Children and Family Services (DCFS) the day after she was born because her mother, Angela M. (Mother), tested positive for methamphetamine, amphetamines, and marijuana when admitted to the hospital.1 The hospital placed Baby in the neonatal intensive care unit because she had a cleft lip and palate, which interfered with her ability to feed; suffered from meconium aspiration (fecal matter inhaled into the lungs), hypoxia (deficiency in oxygenation), and cardiomyopathy (heart weakness); possibly had a genetic chromosomal abnormality affecting fine motor movements of one hand; tested positive for amphetamines and marijuana; and was suffering from withdrawal symptoms. On May 5, 2014, DCFS filed a dependency petition under Welfare and Institutions Code section 300, subdivisions (a), serious physical harm, and (b), failure to protect.2 Under subdivision (a), DCFS alleged Mother and Father’s history of engaging in violent altercations and Father’s violence toward Mother endangered Baby’s physical health and safety and placed her at risk of harm. Under subdivision (b), DCFS made five allegations, only two of which concerned Father. First, DCFS reiterated the domestic violence allegation made under subdivision (a) and, second, alleged Father had a history of illicit drug use which rendered him incapable of providing regular care for Baby, physically endangered her, and placed her at risk of future damage. The court detained Baby on May 5, 2014. At the jurisdictional hearing, Mother’s counsel requested dismissal of the domestic violence counts, arguing Mother’s statements about Father’s violence were “not, in fact,