In re J.F. CA2/8

Filed 9/16/20 In re J.F. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.F., a Person Coming B305123 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 20CCJP00285A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

E.J.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, D. Brett Bianco, Judge. Affirmed. Valerie N. Lankford, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Kim Nemoy, Assistant County Counsel, and David Michael Miller, Deputy County Counsel, for Plaintiff and Respondent.

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Mother E.J. appeals the juvenile court’s jurisdictional and dispositional orders for her infant son, J.F., who was less than one month old at the time of his detention. Mother contends substantial evidence does not support the court’s jurisdictional findings under Welfare and Institutions Code section 300, subdivision (b),1 arguing there was no substantial evidence she abused substances, or that her drug use placed J.F. at risk of harm. She also contends the order removing J.F. from her care was not supported by substantial evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND J.F. first came to the attention of the Los Angeles County Department of Children and Family Services (Department) in December 2019, after he and mother tested positive for marijuana at his birth. J.F. had to be hospitalized in the NICU for low birth weight and because he was not eating well. Mother made inconsistent statements about the prenatal care she received, and tried to conceal her history with the Department for an older child (post). Mother claimed she stopped using marijuana when she became pregnant with J.F., and claimed her positive test resulted from exposure to secondhand smoke. Hospital staff noted that mother was behaving strangely and did not seem to understand simple concepts. Mother’s doctor was concerned about her ability to care for J.F. While that referral was being investigated, the Department received a new referral (the one leading to J.F.’s detention) on January 10, 2020. Mother had been arrested on January 3, 2020 and was in jail. J.F. was in the care of his alleged father,