In re Daniel G. CA2/7

Filed 6/17/13 In re Daniel G. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re DANIEL G. et al., Persons Coming B242914 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK91381)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

DEANA S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Zeke Zeidler, Judge. Affirmed. Marsha F. Levine, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Stephen D. Watson, Senior Associate County Counsel, for Plaintiff and Respondent. ___________

Deana S., the mother of 11-year-old Daniel G., nine-year-old Damian G. and four- year-old D.G., appeals from the juvenile court‟s jurisdiction findings and disposition order removing the children from her custody and placing them with their maternal aunt under the supervision of the Los Angeles County Department of Children and Family Services (Department). Deana contends the court‟s findings are not supported by substantial evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Dependency Petition 1 On January 11, 2012 the Department filed a section 300 petition on behalf of the children alleging Deana had committed a drive-by shooting three days earlier targeting the children‟s father, Daniel Sr., at his home while the children were present. At the detention hearing the court found the Department had established a prima facie case the children were persons described by section 300, subdivision (b), and ordered them released to Daniel Sr. On February 14, 2012 the Department filed an amended petition alleging, in addition to having committed the drive-by shooting, Deana was a current abuser of alcohol and Daniel Sr. had a history of substance abuse and was a frequent user of methamphetamine and heroin; and Deana‟s alcohol abuse and Daniel Sr.‟s drug abuse made each of them incapable of providing regular care, protection and support for the children and endangered the children‟s safety and well-being. (§ 300, subd. (b).) The court ordered Daniel Sr. to undergo weekly drug tests and permitted the children to remain in his custody pending a jurisdiction hearing on the amended petition scheduled for May 30, 2012. The court also ordered family maintenance services to be given to Daniel Sr.