In re M.L.
Filed 7/7/06 In re M.L. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
COPY
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Siskiyou)
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In re M.L., a Person Coming Under the Juvenile Court Law. | |
SISKIYOU COUNTY HUMAN SERVICES DEPARTMENT, Plaintiff and Respondent, v. D.L., Defendant and Appellant. |
C049977
(Super. Ct. No. SCJVSQ0550266)
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Appellant D.L., mother of the minor, appeals from the orders of the juvenile court adjudging the minor a dependent child and removing him from parental custody. (Welf. & Inst. Code,[1] §§ 360, 395.) Appellant contends there was insufficient evidence to support the removal order and that reasonable efforts were not made to eliminate the need for removal. We disagree and affirm.
BACKGROUND
On March 14, 2005, Siskiyou County Human Services Department (the Department) detained then nine-year-old M.L., after appellant was arrested for battery against K.L., appellant's husband and M.L.'s stepfather (whom M.L. referred to as his father). M.L. told the social worker he had been in his room during his parents' fight and heard K.L. yelling and cussing and heard appellant screaming as if she were hurt or sad. M.L. reported, and appellant confirmed, that in the past, K.L. had held a gun to appellant's head, pushed her, and knocked books off the shelf in M.L.'s presence.
Several days before the Department detained M.L., and in response to this information, the social worker informed appellant that her living situation with K.L. was not safe for the minor and if she did not leave the home, go to a shelter, or friend's house for the weekend and seek a restraining order the following Monday, M.L. would be removed from her custody. The social worker provided appellant with information regarding the domestic violence program in Yreka.
Appellant called the Department the following Monday (March 14, 2005), denied there were any problems in her home and stated she had been coerced and intimidated when talking to the social worker and it was all a huge misunderstanding. She stated she would not file for a temporary restraining order against K.L. to keep her son safe, as she did not feel K.L. had done anything wrong. K.L. also called the Department and launched into a long explanation about how he was being wrongfully accused of a crime and would never hurt his wife. K.L. also spontaneously disclosed that appellant has a chronic drinking problem that has made her â€