In re L.S. CA2/8

Filed 9/21/16 In re L.S. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re L.S., a Person Coming Under the B269060 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK95203)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

DAVID S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Philip Soto, Judge. Reversed. Christopher R. Booth, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, R. Keith Davis, Acting Assistant County Counsel, and Tracey F. Dodds, Deputy County Counsel, for Plaintiff and Respondent. ******

Finding no substantial evidence, we reverse the juvenile court’s jurisdictional order, which took jurisdiction over L.S. based on her father David S.’s (father’s) alleged substance abuse. BACKGROUND When this dependency proceeding began in October 2015, two-year-old L.S. lived with her father and his wife J. (whom the juvenile court referred to as L.S.’s presumed mother). L.S. had been removed from her biological mother’s care, and her biological mother’s reunification services previously had been terminated with no visitation. At the request of the Los Angeles County Department of Children and Family Services (DCFS), father tested for controlled substances. He tested positive for methamphetamine on October 7, 2015. On October 29, 2015, the juvenile court allowed father to return to his home, but forbade him from being alone with L.S. The juvenile court admonished father to stop using methamphetamine. Father initially did not stop using methamphetamine, and he tested positive for amphetamine and methamphetamine on October 29 and November 24, 2015. Father tested negative on December 1, 2015. (Father missed one test, but the social worker confirmed that the testing site was closed on his test day.) When first interviewed, father initially denied using methamphetamine. He later admitted that he used methamphetamine in the summer of 2015 at a party he attended, and that he used it again after that party. Father stated that he did not use methamphetamine when he cared for L.S., and J. never observed him under the influence of methamphetamine. Father did not exhibit aggressive behavior or changes in appetite. J. described father as a hard worker and responsible man. She further reported that L.S. was “always” with her. When a social worker arrived unannounced at the family home, she did not observe any drugs or drug paraphernalia in the home. L.S. appeared “comfortable” with father, she was clean, and “appeared to be healthy, happy and well cared for.” The social worker described the home as very clean and well organized.