In re Angelo W. CA2/3

Filed 3/7/13 In re Angelo W. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ANGELO W., a Person Coming B242605 Under the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK61597) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

R.W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Veronica S. McBeth, Judge. Affirmed. Suzanne Davidson, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent. _________________________

INTRODUCTION In this appeal, mother R.W. contends there is insufficient evidence to support the juvenile court’s order removing three-year-old Angelo W. from her custody (Welf. & Inst. Code, § 361).1 We affirm. FACTUAL AND PROCEDURAL BACKGROUND The Department of Children and Family Services (the Department) received a referral in September 2011 alleging mother had been arrested for possession of a methamphetamine pipe and Angelo, then 23 months old, was missing. Mother has a long history, beginning in 1994, of arrests and convictions for possession, or being under the influence, of controlled substances. Mother was transient and left Angelo with Vicky A. before being arrested. Vicky A. informed the social worker that she had lived with mother but moved out because of mother’s drug use, which behavior attracted drug dealers and users. The maternal grandmother refused to allow mother into her house because of mother’s methamphetamine use and refusal to seek help. Mother had completed a drug rehabilitation program and claimed to have been sober for two or three years before relapsing. Mother also has a long history with the Department dating to 2005. The juvenile court terminated her parental rights to three older children, and she relinquished her rights to a fourth child. She did not know who Angelo’s father is, stating there were “[a] couple [of] options.” On October 6, 2011, mother agreed to submit to a drug test and tested positive for methamphetamines and amphetamines. She claimed not to know why the test was dirty. Mother admitted having used drugs two weeks earlier, but denied having a drug problem or that drugs affected her ability to care for Angelo. On October 13, 2011, the Department removed Angelo from mother’s custody and filed a petition alleging Angelo was at risk of harm because of mother’s extensive history of drug use, recent positive drug test, and the fact mother had lost her parental rights to