In re Michael C.

Filed 1/17/07  In re Michael C. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of Riverside County.  Robert W. Nagby, Temporary Judge.  (Pursuant to Cal. Const., art. VI, § 21.)  Affirmed.

            Rich Pfeiffer, under appointment by the Court of Appeal, for Defendant and Appellant.

            Joe S. Rank, County Counsel, and Carol Perez, Deputy County Counsel, for Plaintiff and Respondent.

            Kathleen Murphy Mallinger, under appointment by the Court of Appeal, for Minor.

1.  Introduction^[1]

            Crystal W. timely appeals from the juvenile court order denying her presumed mother status for her grandson, Michael C.  Crystal's daughter, Heather T., and father, Samuel C., had given custody of Michael to Crystal soon after he was born prematurely in May 2004.  Mother died in a car accident in July 2005.  Crystal was Michael's primary caretaker until he was detained by the Department of Public Social Services (DPSS) in October 2005.

            We hold the trial court properly denied Crystal's motion because substantial evidence supports the juvenile court's finding that Crystal cannot establish her status as Michael's presumed mother under Family Code section 7611, subdivision (d).

2.  Factual and Procedural Background

            In October 2005, DPSS filed an original dependency petition alleging failure to protect and neglect and failure to support (§ 300, subds. (b) and (g)) based on father leaving Michael with Crystal when she was using methamphetamine and father not providing Michael with life's necessities, displaying suspicious behavior himself, and demonstrating problems with keeping his temper.

            The October detention report included the information that Michael had been born prematurely at 22 weeks and recently had undergone surgery.  On August 31, 2005, the social worker had visited Crystal's darkened home, filled with cigarette smoke.  Crystal explained her daughter had wanted to give Michael up for adoption at birth but Crystal had undertaken to raise him.  Crystal herself had not had custody of her children for about 10 years due to drug use.  She claimed she had not used drugs for many years since.  Crystal's husband also denied using drugs.  Crystal and her husband lived on social security disability and Michael's survivor's benefits.  They were struggling financially and being forced to move.  Crystal admitted having once administered baby laxative to her son, Daryl Jr., and her stepdaughter, Breanna, to discourage their drug use.  She denied using drugs with them.

            Father also initially denied that Crystal used drugs and admitted he did not have custody of his two children, Michael and Samuel Jr., because he was unable to support them.  Samuel Jr. was under a legal guardianship with his maternal aunt.

            Michael's maternal grandfather, Daryl Sr., contacted the social worker, contending that Crystal, his ex-wife, was unsuited to care for Michael.  Daryl Sr. was filing criminal charges against Crystal for supplying methamphetamine to Daryl Jr. and Breanna.  Daryl Sr. also criticized father.

            Breanna told another social worker that Crystal had smoked methamphetamine with her and Daryl Jr.  Breanna and Daryl Jr. both said Crystal wanted to supply them with â€