In re Mellisa C.
Filed 6/26/06 In re Mellisa C. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
| In re MELLISA C. et al., Persons Coming Under the Juvenile Court Law. | H029599 (Santa Clara County Super. Ct. No. JD16434 & JD16435) |
| SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN'S SERVICES, Plaintiff and Respondent, v. TED C., Defendant and Appellant. |
Statement of the Case
After jurisdiction and disposition hearings, the juvenile court declared Melissa and Ashley C. dependents of the court, removed them from the custody of their mother Coleena C. (mother) and placed them with a relative. The court directed mother and Ted C., father, to complete reunifications plans. (Welf. & Inst. Code, §§ 300, 395.)[1] Father appeals from the jurisdiction and disposition orders. He claims there is insufficient evidence to support a jurisdictional finding that he has a drug problem. He also claims there is insufficient evidence to support numerous conditions of his reunification plan requiring drug treatment, parenting classes, and counseling.
We affirm the orders.
Background
On September 9, 2005, mother was arrested at her home for possession of drugs, being under the influence of drugs, and child endangerment. Her daughters Melissa, age 13, and Ashley, age 11, were detained and placed with a relative. The Department of Family and Children Services (DFCS) filed a dependency petition, seeking removal of the children on grounds that they were at risk because of mother's and father's failure and inability to supervise and protect them and provide regular care due to mental illness and/or substance abuse. DFCS alleged that mother was arrested for drug-related offenses and tested positive for methamphetamine. Mother admitted that she has used drugs since 1981, when she was 13 years old. She admitted taking care of her children while under the influence. DFCS alleged that mother also had a history of depression and suicidal ideation but had consistently taken medication for her depression. DFCS alleged that mother's house was filthy and dangerous; the children had head lice and a history of having head lice; and there had been two prior referrals for child neglect, in 2000 and later in 2003.
Concerning father, the DFCS alleged that he had long history of substance abuse and prior convictions for substance abuse offenses. DCFS further alleged that father's drug-related problems interfere with his ability to provide a safe home, and his current homeless status renders him unable to provide a safe home.
The DFCS prepared a report for the jurisdiction and disposition hearings. It revealed that father graduated from high school, completed trade school, and later worked as an auto mechanic. He began using drugs as a teenager in the 1980's, and his drug of choice was methamphetamine. His criminal history revealed a 2001 misdemeanor conviction for possession of drugs and a 2001 misdemeanor conviction for possession of drug paraphernalia. He has never participated in a drug treatment program. The report further revealed that â€
