In re L.S.

Filed 3/14/06 In re L.S. CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Butte)

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Frankie S. (appellant), the mother of L.S. (the minor), appeals from orders of the juvenile court adjudging the minor a dependent child of the court and continuing the minor's placement in the custody of his father. (Welf. & Inst. Code, §§ 360, subd. (d), 395; further statutory references to sections of an undesignated code are to the Welfare and Institutions Code.) Appellant contends the juvenile court committed reversible error in issuing a restraining order excluding appellant from her family's home. For the reasons that follow, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On August 31, 2004, Children's Services (CS) filed an original amended juvenile dependency petition pursuant to section 300 on behalf of the five-month-old minor. That petition alleged the minor had suffered, or there was a substantial risk the minor would suffer, serious physical harm, due to the failure of appellant and David M., the minor's alleged father, to provide the minor with adequate care.[1] According to the petition, the minor's home was unsafe, appellant was intoxicated when appellant was arrested for outstanding warrants, David M. had been drinking, and David M. had assaulted appellant.

According to a report of the Butte County Sheriff's Office, David M. had suffered injuries to his chest, resulting in scarring, caused allegedly by appellant. At the jurisdiction hearing, David M. testified that he had no injuries on his chest. Instead, according to David M., appellant had â€