In re Jordan W. CA2/7

Filed 6/27/16 In re Jordan W. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re JORDAN W., a Person Coming B266856 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK93386)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

M.W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Emma Castro, Juvenile Court Referee. Affirmed. Amy Z. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, R. Keith Davis, Acting Assistant County Counsel, and Peter Ferrera, Principal Deputy County Counsel, for Plaintiff and Respondent. _________________________

On July 20, 2015 the juvenile court sustained a supplemental petition pursuant to 1 Welfare and Institutions Code section 387 and removed then-three-year-old Jordan W., who had previously been declared a dependent child of the juvenile court pursuant to section 300, subdivision (b), from the physical custody of his mother, M.W. On appeal M.W. contends substantial evidence does not support the court’s finding that its prior order allowing Jordan to remain in her custody under the supervision of the Los Angeles County Department of Children and Family Services (Department) was ineffective in protecting the child. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The August 2013 Dependency Petition and the September 16, 2013 Home-of- Parent-Mother Order The Department received a referral regarding M.W. and Jordan in July 2013, indicating M.W. was homeless after being asked to leave her transitional housing. The referral alleged M.W., who was only 19 years old, used her welfare payments to buy marijuana instead of food and clothing. It was also reported that Jordan had been with M.W. when she stole clothes and food at a big-box store. When contacted by the Department, M.W. admitted she smoked marijuana and said she was homeless but staying with friends; she declined to identify the friends or provide their addresses. The children’s social work observed Jordan to be clean, well-groomed and appropriately dressed; he appeared to be attached to M.W. and happy in her care. On August 19, 2013 the Department filed a nondetention petition to declare two- year-old Jordan a dependent child of the juvenile court pursuant to section 300, subdivision (b), alleging there was a substantial risk he would suffer serious physical harm as a result of M.W.’s inability to provide regular care due to her use of illicit drugs and mental and emotional problems. After initially requesting a contested jurisdiction hearing, M.W. pleaded no contest on September 16, 2013 to an amended petition that alleged she had an unresolved history of marijuana use that periodically rendered her