In re Taylor B.

Filed 8/24/06 In re Taylor B. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION THREE

APPEAL from orders of the Superior Court of Los Angeles County, Joan Carney, Referee. Affirmed.

Michael A. Salazar, under appointment by the Court of Appeal, for Defendant and Appellant.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Frank J. DaVanzo, Deputy County Counsel, for Plaintiff and Respondent.

INTRODUCTION

In this dependency proceeding, respondent Los Angeles County Department of Children and Family Services (DCFS) alleged pursuant to Welfare and Institutions Code section 300, subdivision (b), [1] that appellant Gregory B. (father) had a history of substance abuse, which placed his daughter, Taylor B. (born 1999), at a risk of physical and emotional harm. The juvenile court found it had jurisdiction and detained Taylor. In its dispositional order, the juvenile court granted father monitored visits with Taylor. The juvenile court ordered father to pass eight consecutive random drug tests and complete a DCFS-approved program of parent education before he would be permitted to have more liberalized visitation.

Father appeals the jurisdictional and dispositional orders, contending that he did not have a history of substance abuse, was not then using drugs, and had not placed Taylor at a significant risk of harm. We affirm. The juvenile court orders are supported by substantial evidence.

FACTUAL AND PROCEDURAL BACKGROUND

Taylor is the daughter of Gregory B. and Tammy S. (mother). Gregory is Taylor's presumed father. Mother and father have never been married and are separated. Mother is not a party to this appeal.

1. October 13, 2005 Juvenile Dependency Petition

On October 13, 2005, the DCFS filed a juvenile dependency petition pursuant to section 300, subdivisions (b) and (d). The petition alleged that father had a history of substance abuse, was incapable of providing care for Taylor, and placed Taylor at risk of physical and emotional harm and damage.[2]

The DCFS first became aware of father's alleged substance abuse during its initial investigation in September 2005. Mother, who also tested positive for drug use, told the social worker that father used and had been arrested for drug-related activities. In a follow-up interview, mother stated that she believed father had a drug problem, that father sometimes gave her drugs, and that he â€