In re Alexandra C.
Filed 6/7/06 In re Alexandra C. CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| In re ALEXANDRA C., a Person Coming Under the Juvenile Court Law. | B185474 (Los Angeles County Super. Ct. No. CK 59607) |
| LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. ANTHONY C., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County, Anthony Trendacosta, Commissioner. Affirmed.
Barbara S. Cohen, under appointment by the Court of Appeal, for Defendant and Appellant.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Lisa Proft, Deputy County Counsel, for Plaintiff and Respondent.
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Anthony C., the presumed father of Alexandra C., appeals from the juvenile court's findings and orders entered on August 24, 2005. Father asserts there was insufficient evidence to find the child was at substantial risk of suffering serious physical harm or illness under Welfare and Institutions Code section 300, subdivision (b),[1] and the court erred in refusing to reopen proceedings when he appeared after the jurisdictional and dispositional hearing had already been concluded. We affirm.
FACTUAL AND PROCEDURAL HISTORY
1. Section 300 Petition
On June 14, 2005, the Department of Children and Family Services (Department) filed a petition under section 300, subdivision (b), on behalf of Alexandra, then six months old. As amended, the petition alleged Alexandra was at substantial risk of serious physical harm or illness, in that father had illicit drugs, including methamphetamine, in his home, which the child regularly visits, and father's use of such illicit drugs rendered him incapable of providing regular care for the child.
2. Detention Report
The Department's detention report of June 14, 2005, indicated that father was suspected by law enforcement of using or possessing illegal drugs as part of his membership in a street gang. Early in the morning of June 9, 2005, police officers served and executed a search warrant at the home of father's grandmother, where father resided. The search uncovered methamphetamine and drug paraphernalia in the converted garage that father occupied. Father appeared to be â€
