In re C.M. CA2/6

Filed 9/21/20 In re C.M. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re C.M., a Person Coming 2d Juv. No. B305180 Under the Juvenile Court Law. (Super. Ct. No. 19JV00527) (Santa Barbara County)

SANTA BARBARA COUNTY CHILD WELFARE SERVICES,

Plaintiff and Respondent,

v.

B.V.,

Defendant and Appellant.

B.V. (Mother) appeals the juvenile court’s jurisdictional findings and dispositional orders regarding her son, C.M. (Welf. & Inst. Code,1 § 395, subd. (a)(1).) We affirm.

1 Further unspecified statutory references are to the Welfare and Institutions Code.

FACTUAL AND PROCEDURAL HISTORY Santa Barbara County Child Welfare Services (CWS) received a referral after Mother reported to the police that C.M.’s father2 hit him with a belt, causing welts. The father was arrested and did not arrange a place for C.M. to stay while he was in jail. CWS contacted Mother, who did not have a place for C.M. to live. CWS took C.M. into protective custody. CWS filed an amended petition, alleging that Mother failed to protect C.M. from the father, with whom C.M. was left. (§ 300, subd. (b)(1).) The petition also alleged C.M. suffered or was at risk of suffering serious physical harm by Mother. There had been 24 child welfare referrals in the past 10 years involving C.M., including custody disputes, truancy, Mother’s “chronic homelessness,” the father’s physical abuse, allegations that C.M.’s older brother (J.M.) sexually abused C.M., and other behavioral issues involving J.M. Of the 24 referrals, four were inconclusive, 10 were unfounded, nine were “evaluated out,” and one was substantiated. The petition also alleged that Mother’s inability to provide C.M. with “food, clothing, shelter, or medical treatment” posed a substantial risk of harm to C.M. (§ 300, subd. (b)(1).) Mother had an “ongoing pattern of chronic homelessness for the past five years,” and did not have a place for C.M. at the time the petition was filed. CWS staff informed Mother that she could go to a homeless shelter, but she refused. The petition further alleged that Mother had a criminal history of inflicting corporal injury on a spouse, battery, assault, and fighting in public places. In the jurisdiction report, CWS recommended the court sustain the petition and that C.M. remain out of her care.