In re L.S. CA2/2

Filed 12/11/20 In re L.S. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re L.S., a Person Coming B305471 Under the Juvenile Court (Los Angeles County Law. Super. Ct. No. 19CCJP07016)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

D.S.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jana M. Seng, Judge. Affirmed. Matthew I. Thue, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Kim Nemoy, Assistant County Counsel, and Peter Ferrera, Principal Deputy County Counsel, for Plaintiff and Respondent.

Appellant D.S. (Mother) challenges dependency jurisdiction over her daughter L.S. The court found L.S. “is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent.” (Welf. & Inst. Code, § 300, subd. (c).)1 Substantial evidence supports the court’s conclusion that Mother is the instigator. We affirm. FACTS AND PROCEDURAL HISTORY L.S. was born in 2009. In 2019, respondent Department of Children and Family Services (DCFS) was notified that L.S. had threatened to kill herself and begged her father R.S. (Father) to kill her. Mother acknowledged that L.S. grabbed a pocketknife and said, “I want to hurt myself.” L.S. was placed on a psychiatric hold in April 2019. She told a clinician “she thinks about killing herself three times a day. [L.S.] wants to be stabbed, have someone shoot her or run into traffic. [She] is often angry and sad as [her] parents do not get along . . . and the custody exchanges are at the police station.” L.S. told a case worker that “she did state that she wanted to die but denied having a plan and reported not remembering why she said she wanted to die.” L.S. said Mother smokes marijuana at home “all the time”; Mother confirmed that she smokes marijuana every day. She has a history of drug abuse that includes two years of daily methamphetamine use. Father claimed that Mother and the maternal grandmother (MGM) still use methamphetamine. Mother refused to test voluntarily for drugs, insisting that a judge must order tests. Mother and Father divorced in 2017. Mother keeps L.S. out of school because she does not want L.S. to visit Father after school, as required by a family court custody order. Mother refused to sign a truancy contract arising from L.S.’s absences from school. Father