Filed 12/7/05 In re C.M. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| In re C.M., a Person Coming Under the Juvenile Court Law. | |
| RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. KIRK M., Defendant and Appellant. | E038323 (Super.Ct.No. RIJ109646) OPINION |
APPEAL from the Superior Court of Riverside County. Thomas H. Hamilton* and Becky Dugan, Judges. Affirmed.
Michael D. Randall, under appointment by the Court of Appeal, for Defendant and Appellant.
Joe S. Rank, County Counsel, Carole A. Nunes Fong and Julie Koons Jarvi, Deputy County Counsel, for Plaintiff and Respondent.
Konrad S. Lee, under appointment by the Court of Appeal, for Minor.
Kirk M. (Father) is the presumed father of eight-month-old C.M. He appeals from the juvenile court's jurisdictional and dispositional findings. Specifically, Father contends (1) there was insufficient evidence to sustain the Welfare and Institutions Code section 300 petition,[1] and (2) there was insufficient evidence to support the juvenile court's dispositional order to remove C.M. from Father's custody. We reject these contentions and affirm the judgment.
I
FACTUAL AND PROCEDURAL BACKGROUND
On March 14, 2005, a social worker from the Riverside County Department of Public Social Services (DPSS) responded to a referral from the Riverside County Regional Medical Center Neonatal Intensive Care Unit (NICU) regarding an infant born at 28 weeks and weighing two pounds. The infant, who had tested negative for drugs in his system, required an endotracheal tube, was being treated for jaundice, and was expected to be in the NICU for three to four weeks.
Mother reported that she wanted to immediately relinquish the infant for adoption and that she did not want to see her infant or make any medical decisions for him. She also stated that she had a long history of abusing drugs and that she was currently in an inpatient substance abuse treatment program in Cabazon. She admitted to no prenatal care but denied using drugs while pregnant. Mother identified the baby's father as Kirk M. and stated that he lived in a garage in Muscoy.
On March 17, 2005, a social worker contacted Father and spoke with him. Father was contesting the adoption. He stated that he and Mother had resided together at the time of the pregnancy but that he had kicked Mother out of the house after he suspected her of using drugs. Father also reported that he had a history of abusing drugs but claimed that he was currently â€
