In re Elina S. CA2/3

Filed 3/18/21 In re Elina S. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re ELINA S., a Person Coming B302800 Under the Juvenile Court Law. _____________________________________ DEPARTMENT OF CHILDREN AND (Los Angeles County FAMILY SERVICES, Super. Ct. No. 19CCJP05641A)

Plaintiff and Respondent,

v.

PETROS K.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kristen Byrdsong, Commissioner. Affirmed. Jamie A. Moran, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel and William D. Thetford, Principal Deputy County Counsel, for Plaintiff and Respondent. _________________________

Petros K. (father) appeals from a December 4, 2019 dispositional order of the juvenile court, urging that the juvenile court abused its discretion by ordering him to drug test “upon reasonable suspicion of use.” We conclude that father has forfeited the contention by failing to raise it in the trial court and, in any event, the contention lacks merit. We thus will affirm the dispositional order. FACTUAL AND PROCEDURAL BACKGROUND Elina S., born in October 2016, is the child of father and Mina G. (mother). On August 30, 2019, the Los Angeles County Department of Children and Family Services (DCFS) filed a juvenile dependency petition alleging that Elina was a dependent child pursuant to Welfare and Institutions Code1 section 300, subdivisions (a) and (b), because (1) father and mother had a history of domestic violence, which placed Elina at risk of harm (counts a-1, b-1); (2) in 2019, father physically abused Elina by smothering her with a pillow (counts a-2, b-2); and (3) father had a history of substance abuse and was a current user of marijuana, which rendered him incapable of providing regular care of Elina (count b-3). On December 4, 2019, the juvenile court sustained the domestic violence and child abuse counts of the petition (counts a- 1, a-2, b-1, and b-2), but dismissed the substance abuse count (count b-3), finding that DCFS had not met its burden as to that count. The court then declared Elina a juvenile court dependent and ordered her removed from father and placed with mother under DCFS supervision.