In re S.B. CA2/8

Filed 6/26/13 In re S.B. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re S.B. et al., Persons Coming Under the B244967 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK95010)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

RICHARD R.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Sherri Sobel, Juvenile Court Referee. Affirmed.

Roni Keller, under appointment by the Court of Appeal for Defendant and Appellant.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent.

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We affirm the juvenile court’s jurisdictional order finding jurisdiction over Richard R.’s (father’s) children S.B. and F.R. and ordering them placed outside his custody. Substantial evidence supported the jurisdictional order. We also affirm the juvenile court’s dispositional order, finding no abuse of discretion in the court’s disposition placing the children outside of father’s care. FACTS AND PROCEDURE F.R. came to the attention of the Los Angeles County Department of Children and Family Services (DCFS) in August 2012 because mother had an elevated blood alcohol level when F.R. was born. Mother admitted to drinking and using methamphetamine during her pregnancy. When F.R. was born, she suffered from respiratory distress and required extended hospitalization. On August 14, 2012, DCFS filed a petition naming F.R. and F.R.’s one-year-old sister S.B. as dependent children. The petition, as later sustained alleged: “The children [S.B.] and [F.R.’s] mother, Sara . . . , has a history of substance abuse and is a recent user of methamphetamine and alcohol which periodically renders the mother unable to provide regular care for the children. The children’s father, Richard . . . , has a recent history of marijuana abuse which periodically rendered the father unable to care for the children. [T]he mother had a positive toxicology screen for methamphetamine and alcohol upon the child [F.R.’s] birth. The mother’s substance abuse and father’s recent history of marijuana abuse endangers the children[’s] physical health and safety and places the children at risk of harm.” At the detention hearing on August 14, 2012, father requested custody of S.B. and F.R.1 Mother reported that father was unaware of her drug use and did not use drugs. Mother, however, reported father was aware that she drank alcohol. Father denied knowing about mother’s drug use, but acknowledged going to mother’s house every day.