In re Peter S. CA2/1

Filed 6/27/13 In re Peter S. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re PETER S., et al., Persons Coming B243809, B245090 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK90693)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

CYNTHIA S.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Daniel Zeke Zeidler, Judge. Affirmed. Megan Turkat Schirn, under appointment by the Court of Appeal, for Defendant and Appellant John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Jessica S. Mitchell, Senior Associate County Counsel, for Plaintiff and Respondent. ____________________________________

Cynthia S. (Mother) appeals from an order of the juvenile court awarding sole legal and physical custody of her four children to their respective fathers.1 We affirm.

FACTS AND PROCEEDINGS BELOW At the time the dependency petition was filed in November 2011, Mother had four children: Peter S., age 13, Daniel S., age 11, Esther R., age 6, and David R., age 0 months. Mother and the children were living with Enrique R., the father of Esther and David. Mother shared physical and legal custody of Peter and Daniel with their father, Peter S., Sr. The family came to the attention of the Department of Children and Family Services (DCFS) on November 5, 2011, approximately a week after David’s birth, when Mother was admitted to a hospital complaining of abdominal pain. At the hospital Mother tested positive for methamphetamine. A DCFS worker made a home visit the day after Mother was discharged from the hospital. Mother divulged to the worker that she had used methamphetamine on and off for approximately 10 years. She said she used the drug the first five months of her pregnancy with David but did not know that she was pregnant. Mother also admitted that she used methamphetamine just before she was hospitalized. Despite her history of methamphetamine use, Mother denied using the drug on a regular basis and denied that its use was dangerous. She told the worker that she heard using methamphetamine “cured cancer.” Enrique, the father of Esther and David, denied knowledge of Mother’s current methamphetamine use or that she used the drug while she was pregnant with David.