In re J.S.
- Reporters:
- Before:
- Segal, Feuer, Dillon
Judy Weissberg-Ortiz, under appointment by the Court of Appeal, for Defendant and Appellant.
Mary C. Wickham, County Counsel, Kristine P. Miles, Assistant County Counsel, and Kim Nemoy, Principal Deputy County Counsel for Plaintiff and Respondent.
A.T. (Mother) appeals from the juvenile court‘s jurisdiction findings and disposition orders declaring her 16-year-old daughter J.S. and her 12-year-old son M.S. dependents of the court pursuant to
FACTUAL AND PROCEDURAL BACKGROUND
Mother and M.S., Sr. (Father) are the parents of J.S. and M.S. Mother also has an adult daughter A.T. from a prior relationship.
A. Previous Department Involvement
In June 2006, the juvenile court sustained a dependency petition on behalf of J.S. and A.T. finding that Mother had “placed [A.T.] in a detrimental and endangering situation in that [Mother] caused [A.T.] to accompany [Mother] while [Mother] committed the crime of theft.” The juvenile court also found that Mother had “a history of substance abuse and [was] a current user of alcohol, including DUI‘s which render[ed] [Mother] incapable of providing regular care and supervision for the
On October 31, 2018, the Department received a referral alleging Mother and her boyfriend Robert neglected and emotionally abused M.S. According to the referral, with M.S. in their vehicle, Mother and Robert stole a mail package from a residence. The police stopped the vehicle and arrested Mother and Robert. Although the police did not find drugs or alcohol in the vehicle, there was “a digital scale was found in the front passenger seat where [M.S.] was sitting.” The police charged Mother and Robert with child endangerment (felony) and package theft (felony). The police released M.S. to Leticia C., the maternal grandmother. J.S. was living with maternal grandfather Ernest T. and maternal step-grandmother Beatrice T. According to the Department, Mother “agreed and admitted that the children are better off in the care of her family.” Although the Department found the general neglect allegation to be “substantiated,” the Department submitted the
B. Current Dependency Proceeding
1. June 2019 Incident and the Department‘s Investigation
On June 13, 2019, the Department received a referral alleging that Mother and M.S. were “homeless and currently residing” in a motel and that Mother and Robert used “crack” cocaine in M.S.‘s presence. According to the referral, while visiting the motel room, J.S. “witnessed [M.S.] alone in the motel room in the presence of drug paraphernalia including pipes.” According to the referral, “[Robert] was heard yelling at the top of his lungs at [M.S.]. . . . Mother [was] allegedly verbally abusive towards [M.S.]. Mother may have mental health concerns and [she] stated that people are spying on her.” At the time of the referral, J.S. continued to live with Ernest and Beatrice.
On June 18, 2019, Leticia told the Department that M.S. had lived with her for about six months while Mother was incarcerated. Upon Mother‘s release from jail, Leticia returned M.S. to Mother. Leticia reported Mother had told her that M.S. “was misbehaving and having tantrums since his return to [Mother‘s] care.” When speaking with Mother, Leticia heard M.S. yelling in the background that Mother “was using crack.” Although Leticia stated Mother was “mentally unhinged,” she did not know Mother‘s diagnosis. Leticia reported that J.S. had “found [M.S.] in the room alone and drug paraphernalia around the room, such as, crack pipes.”
The Department and police officers made an unannounced visit to Mother‘s motel room. After the police asked Mother for identification, Mother became “visibly upset” and stated to M.S.,
Mother reported that she felt frustrated because she knew Leticia had made the referral to the Department and that Leticia did not like Robert and caused problems for her and Robert. Mother “denied all allegations of drug use, Robert yelling at [M.S.], and [M.S.] being left alone” in the motel. Mother stated that “she was not willing to drug test as she has gone through this before.” The social worker “informed [M]other again since the allegations were new we needed a new drug test and it was a red flag she was not willing to submit a drug test.” Mother stated “it should not be a red flag her unwillingness to drug test.”
After Mother told the Department she was bipolar, Mother stated she had been prescribed medication for the disorder, but she needed to have the prescription refilled. Mother reported that M.S. “has been acting out” and that she would take M.S. to see a therapist. In response to the social worker‘s inquiry about where Robert was living, Mother responded that she and Robert “were not together.” However, the social worker observed “a tool box and men‘s boots” and “a men‘s pair of shorts” in the room. Mother denied domestic violence in any of her relationships. Although Mother told the Department “she did not have a personal telephone,” the social worker saw “a cell phone sitting on the bathroom sink counter charging.”
On July 10, 2019, Mother told the Department that “she [was] a victim of domestic violence and had mental health” issues. Mother reported that there was a domestic violence incident between her and Robert about one year ago. Mother admitted that she argued with Robert “over financial matters.” Mother reported that she had scheduled a mental health appointment for M.S., but they “missed it.” Mother inquired “about options of opening a non-court case with the Department” and “reported she did not have a problem drug testing, but that she was busy today and could not go today.” Mother reported J.S. stopped visiting her and “has been upset with [Mother] for unknown reasons.” Mother also reported that she planned to
M.S. told the Department “[h]e felt safe in [Mother‘s] care.” M.S. stated that Mother and Robert argued and that he did “not know what they argue about.” M.S. reported that Mother “disciplined” him by hitting “him with a belt or hanger” and that Mother last hit him during the previous month. M.S. stated, “Mother does not use any drugs, but [M.S.] has seen [Robert] smoking marijuana and/or cigarettes inside the [motel] room‘s bathroom.”
On July 18, the Department interviewed Ernest, Beatrice and J.S. Ernest “suspected [Mother] was using methamphetamine because the signs are evident with [Mother] picking at her skin and her behaviors.” Ernest reported Mother and Robert “got into an argument recently, when [Mother] learned that [Robert] had given her car battery away to another woman.” Mother “supposedly broke up with [Robert].” After stating “he had concerns with Robert being in the household,” Ernest reported “he does not like Robert because ‘he is a drug dealer, gang banger, and unemployed.‘”
When J.S. entered the room during Ernest‘s interview, J.S. reported Mother “was not using drugs.” J.S. stated that Robert was not good for Mother and that she witnessed Robert conducting “drug deals that started with [m]arijuana and moved to a powdery substance.” J.S. reported Mother and Robert were still together. Although Robert was not in the motel room the previous day when she visited M.S., J.S. “saw Robert‘s belongings and clothing and [Mother] stated Robert would be over later that evening.” J.S. did not see “any drugs or pipes” in the motel room
After reporting Mother was “typically paranoid,” J.S. recalled an incident when Mother “had broken all cell phones in belief ‘[c]ops were spying on her.‘” J.S. reported that she saw a “dirty” drug pipe in the bathroom of a different motel room where Mother had stayed about a month ago. J.S. stated the pipe belonged to Robert because it was on Robert‘s side of the bathroom sink. In response to the Department‘s question whether Robert had “strange behaviors that would indicate he is a drug user,” J.S. reported Robert “twitches, steals things, and acts weird.” J.S. added that, although she never saw Mother or Robert using drugs, M.S. saw Robert “using drugs” in Mother‘s previous motel room. J.S. stated that M.S. had recently broken Mother‘s television “because [M.S.] was upset by Robert being in the home.”
J.S. stated that she did “not have a close relationship” with Mother. J.S. reported, “[W]hen she was in [Mother‘s] care, [Mother] and Robert constantly argued every other day. J.S. did “not believe this ha[d] changed.” J.S. reported Mother and Robert‘s “last incident of physical domestic violence occur[ed] 3 months ago.” J.S. told the Department that she last saw Father about a year ago and that she did not know his whereabouts.
Beatrice reported that Mother and Robert had been together for about two years and that “they have a domestic violence history resulting in battery charges.” Beatrice reported, “[Y]ou can look at [Mother and Robert] and tell they are using.” Beatrice reported that she raised J.S. for most of her life, “as agreed with [Mother].” In 2006, during the prior dependency case when Mother was in jail for approximately one year, J.S. began residing with Ernest and Beatrice. After Mother‘s prison
2. Removal Order
After the juvenile court authorized the removal of J.S. and M.S. from Mother, on July 25, 2019, two social workers attempted to serve Mother with the removal warrant at her motel room. Although they saw Mother through the window curtains, Mother refused to open the door. Mother “appeared angry and hostile” and “was yelling and pointing.” After hearing the room‘s “door slam three times,” the social workers observed Robert leaving the motel. The social workers called for police assistance because they believed that Mother “was a flight risk.” After three police officers responded, Mother was “resistant and hostile with the officers.” Mother “refused to allow [the] police to come into the room.” One police officer “engaged [Mother] physically by pulling [Mother] from the room.” Mother “fought back with the officer,” and Mother “was removed from the room.” After a social worker served Mother with the removal warrant, Mother “yelled out the allegations were false and informed the Police officers it was all lies.” Although Mother “asked why there was a removal order,” Mother “continued to yell” and would not allow the social workers to respond.
Through a telephone call with Ernest, the Department learned that M.S. was with a maternal uncle. Although Ernest refused to reveal the maternal uncle‘s address, Ernest told the social worker that he would retrieve M.S. from the uncle. While the social worker spoke with Ernest, Mother followed the social worker and yelled at Ernest through the social worker‘s phone, “[D]o not let them have [M.S.].” “During this time frame, the
C. Dependency Petition and Detention Hearings
On July 29, 2019, the Department filed a petition alleging juvenile court jurisdiction over J.S. and M.S. pursuant to
At the July 30, 2019 detention hearing, after Mother entered a general denial, the juvenile court found Father to be presumed father of J.S. and M.S. Mother‘s counsel stated, “Mother would like the children returned to her. She understands the low burden of proof today. Based on that low standard of proof, she is submitting on the issue of detention, reluctantly.” The juvenile court found a prima facie showing had been made that J.S. and M.S. were persons described by
1. The Department‘s Reports
J.S. and M.S. remained in the care of Ernest and Beatrice. The Department observed J.S., a sophomore in high school, to be “reserved, intelligent, and well-informed.” Although the Department observed that M.S. was able to engage in age-appropriate discourse for a fifth-grader, Mother reported that M.S. was “in need of mental health services.” Mother reported that “she participates in daily visitation” with M.S. and J.S., spending approximately three to five hours with the children each day. Ernest and/or Beatrice monitor the visits. Mother reported that she has a “strong bond” with M.S. and that she is “working on her relationship” with J.S.
In J.S.‘s interview with the Department, when asked if she saw Mother hit M.S. with “belts and/or hangers,” J.S. responded that she had not, but she was not living “in that home (motel room).” J.S. reported she only saw Mother hit M.S. once on his arm “to redirect him.” When asked if Mother endangered their “physical health and safety,” J.S. responded: “No, the only risk to [M.S.] is [Robert]. He is the reason for all of this. Before he came around, [Mother] and [M.S.] were fine, and [she] was fine here (at [Ernest and Beatrice‘s] home).”
J.S. reported that she saw M.S. alone in Mother‘s motel room. J.S. stated, “It [was] never for more than like 20 minutes” while Mother and J.S. went to the store. J.S. added, “We would just tell [M.S.] to not open the door for anyone. That happened pretty often, to be honest.” J.S. reported, “[M]ost of the time [Mother] left [M.S.] alone was at [Robert‘s] house. That was before they started staying at that motel.” J.S. told the Department that she did not think Mother placed M.S. at risk by
Contrary to her earlier statements, J.S. told the Department that “she never saw any drug paraphernalia in the motel room.” J.S. reported that she saw drug paraphernalia including pipes laid out on a table at Robert‘s house and that she and M.S. saw Robert smoking marijuana. J.S. added, “That‘s why I told [Mother] she couldn‘t bring [Robert] around me. That‘s why I haven‘t seen [Mother] in a while.” J.S. stated, “It was easy for me to move out, because of what [Robert] was doing, and because my grandparents were all that I knew growing up.” When asked if she ever observed Robert “under the influence of illicit substances, while he was in the presence of [M.S.],” J.S. responded: “That‘s true, because [Ernest, Beatrice, and she] have gone to pick up [M.S.] from Robert‘s house. Robert was gone. I don‘t even think he was only on weed, but that‘s what we called it. I feel like he was on something stronger than that, because he was completely gone and out of it.” J.S. continued, “[S]he [knew] that isn‘t the only time [Robert] was on that stuff. We have picked up [M.S.] before, and [M.S.] has been pretty upset. He would always say that he didn‘t like staying with [Mother] because of the way [Robert] was acting. I‘m pretty sure [Robert] used that stuff all the time.” When asked if Robert engaged in drug sales, J.S. stated: “That‘s true too. [Mother] knew about that too. [Robert] is shady. That‘s for sure. . . . [Robert] would have random guys coming in and out of the house. Whenever the guys would come to the house [Robert] would tell her and [M.S.] to go to the back. [J.S. was] pretty sure [Robert] was selling drugs, and [Mother] didn‘t do anything about that. [J.S.] told [Mother], and [Mother] said [J.S.] was paranoid and overreacting.
When asked if she believed Mother had failed to protect her and M.S. from risks associated with Robert‘s behavior, J.S. stated: “Yeah, I think [Mother] did fail to protect us. . . . [Mother] should have taken [M.S.] away from that place. She has made a lot of bad decisions with [Robert]. She is staying at that motel because of [Robert]. She isn‘t protecting [M.S.]. She‘s relying on [Robert], and that‘s not safe for [M.S.].” J.S. added, “[Mother] kept allowing [Robert] to be around [M.S.]. Even though she knew what [Robert] was doing. [Mother] isn‘t a bad mom. . . . [Mother] being with [Robert] is a bad decision. Ever since [Robert] has come into her life, everything has gone downhill really fast. He is affecting [M.S.]. [Robert] is making [Mother] unstable. He is a toxic guy, and he is a risk to [M.S.].”
J.S. stated that Mother‘s mental and emotional problems did not affect her ability to care for or supervise her children. According to J.S., Mother started using methamphetamine when J.S. was three or four years old. J.S. stated that Mother‘s methamphetamine use “was on and off until about 3 years ago.” J.S. reported that Mother did not attend a treatment program. According to J.S., “[Mother] just stopped using at that time. I guess she just bounced back.” Although J.S. stated that she never saw Mother use drugs, Ernest told J.S. that Mother “used to use a lot,” and J.S. remembered Mother “getting really skinny.”
In M.S.‘s interview with the Department, the social worker observed that M.S. was able to discern truthful statements from false ones. M.S. initially reported: “[Mother] has hit [him] like one time. It was a soft one. She hit [M.S.] because [he] was saying bad words. [He] called her a b*tch, and [he] said f*ck you.
In her interview with the Department, Mother denied that she hit her children. According to Mother, “[She was] on the lenient side. . . . Anyone that knows [her], knows that [she] would never hit [her] kids. . . . [Her] outbursts have been heard (by neighbors), because [she has] been frustrated with the way [M.S.] has acted a few times. [She] has called the police department, because [she didn‘t] want to hit [M.S.]. When he acts out, I don‘t really know how to control him.” Mother added: “A police officer told [her] once that is it legal to hit my son. [The police officer] told [her] that so [she] would stop calling them when [M.S.] acted out.”
Mother admitted that in June 2019 she spanked M.S. Because she did not want M.S. playing a video game, Mother
When asked about leaving M.S. alone, Mother stated: “California State Law has no age that it states it is appropriate to leave your child at home alone. The times that [she] left [M.S.] at
When the social worker asked Mother whether drug paraphernalia had ever been present in her residence, Mother stated: “[D]rug pipes were never found in my motel room. There was no drug paraphernalia ever found here. That‘s another lie and fabrication by the [social] worker before you.” In response to the social worker‘s inquiry whether Robert “possessed marijuana and was under the influence of marijuana in the presence of the children,” Mother replied: “That never happened. He was never under the influence of marijuana while the children were around. . . . [Robert] doesn‘t smoke marijuana. He just has a history of possession and other things like that.” Mother also denied that Robert used “other illicit substances.”
Mother stated that she had a bipolar disorder diagnosis and that she had “the right to address my disorder how [she] want[s] to address it.” According to Mother, she was “working through that privately with [her] therapist and psychiatrist at Kaiser.” Mother told the Department that her mental and emotional problems did not affect her ability to take care of her children. Mother added that she wanted to take medication for her bipolar disorder, but she “just need[ed] to find the right one for [her].” Mother “vehemently denied having any history associated with an illicit substances.” Regarding the prior dependency proceeding, Mother stated: “I should have fought against those allegations back then, because I definitely wasn‘t
Father called the Department on August 30, 2019 and scheduled a meeting with the Department for September 10, 2019. However, Father did not appear for the scheduled meeting.
2. September 2019 Hearing
At the September 30 jurisdiction and disposition hearing,3 after Mother and Father failed to appear, the juvenile court denied their counsels’ requests for a continuance. The children‘s counsel asked the juvenile court to dismiss the counts based on Mother‘s physical abuse of M.S. (counts a-1, b-1, and j-1) and sustain the remaining counts. Children‘s counsel argued: “The children both want me to let the court know that they want the entire petition dismissed, specifically, [M.S.] wants the court to know that he was lying because he was upset with Mother. He feels that nothing should be sustained. But as minors’ [Child Abuse Prevention and Treatment Act guardian ad litem], I cannot ask the court to dismiss the remainder of the allegations, b-2 through b-5 allegations. While my clients are minimizing and recanting, now, in addition [to] other family members, minors’ counsel would ask the court to find the statements most credible from the detention report, which prove the b-2 through b-5 allegations by [a] preponderance of evidence. These are spontaneous statements that are contemporaneous in time.
Mother‘s counsel asked the juvenile court to dismiss the petition. As to count b-2 based on leaving M.S. “alone in a motel room,” Mother‘s counsel contended, “[Mother] did not leave the motel room for an extended period of time, just for a moment while she ran across the street. I believe there is . . . no current risk to the children.” Mother‘s counsel also argued that there was no drug paraphernalia in the motel room. Mother‘s counsel further argued that there was no risk of harm to the children from Mother‘s “history of mental health issues” or “any previous problems that [Mother] had [with] alcohol.” Mother‘s counsel added that Mother “was currently seeing a psychologist and a psychiatrist.” Mother‘s counsel requested: “If the court does
After dismissing counts a-1, b-1, and j-1, the juvenile court sustained the remaining counts in the petition. The court declared M.S. and J.S. dependents of the court pursuant to
In the Indian Child Inquiry Attachment form (
On September 13, 2019, Father filed a Parental Notification of Indian Status form (
Rita reported that her family was “of Mexican descent” and that her grandparents moved from Mexico to the United States in 1917. When the Department asked if any relatives might know more about the family’s potential Native American ancestry, Rita replied: “No, I am the only person that took the DNA test. Well, I took it and my Aunt, Maria G[.], took it. She was like 68 [percent] Native American, but she doesn’t know what tribe either. She is elderly and she wouldn’t be able to tell you anything about [it].” In response to the Department’s request, Rita was unable to provide either a telephone number or other contact information for Maria. The Department reported that Rita “reiterated that she doubts her family is eligible for tribal enrollment.” In its report to the juvenile court, the Department concluded that it could not “effectuate ICWA-020 Notices to a corresponding tribe, as there are no known tribes associated with [Father] or [M.S.] or [J.S.], at this time.”
At the continued jurisdiction/disposition hearing on September 30, 2019, in response to the juvenile court’s question concerning what the Department did “once Father indicated there may be Indian ancestry,” the Department responded: “The Department followed up with [Rita]. The results of that interview are on the [September 25 Last Minute Information]. [Rita] indicates that she did a D.N.A. test and it determined she has ancestry. It does not provide any information about which tribes. All of this was
Mother appealed the juvenile court’s September 30 orders.
DISCUSSION
Mother challenges the sufficiency of the evidence supporting the juvenile court’s findings and disposition order.5
A. Substantial Evidence Supported the Jurisdiction Finding Based on Mother’s Substance Abuse
1. Applicable Law and Standard of Review
The purpose of
We review challenges to the sufficiency of the evidence underlying jurisdiction findings for substantial evidence. (In re I.J. (2013) 56 Cal.4th 766, 773; In re Yolanda L., supra, 7 Cal.App.5th at p. 992.) “‘Substantial evidence is evidence that is “reasonable, credible, and of solid value“; such that a reasonable
“‘In making this determination, we draw all reasonable inferences from the evidence to support the findings and orders of the dependency court; we review the record in the light most favorable to the court’s determinations; and we note that issues of fact and credibility are the province of the trial court.’ [Citation.] ‘We do not reweigh the evidence or exercise independent judgment, but merely determine if there are sufficient facts to support the findings of the trial court.‘” (In re I.J., supra, 56 Cal.4th at p. 773; accord, In re S.R. (2020) 48 Cal.App.5th 204, 219.)
“The appellant has the burden of showing there is no evidence of a sufficiently substantial nature to support the findings or orders.” (In re E.E. (2020) 49 Cal.App.5th 195, 206; accord, In re D.B. (2018) 26 Cal.App.5th 320, 328-329; In re D.C., supra, 243 Cal.App.4th at p. 52.)
There was substantial evidence to support the juvenile court’s finding that Mother’s substance abuse and related issues placed the children at substantial risk of harm. Mother has a history of substance abuse. When the Department received the referral alleging Mother’s “crack” use in June 2019, the Department confronted Mother with the accusations of drug use and M.S. being left alone with drug paraphernalia. Despite the Department’s warning that her refusal to drug test would be a “red flag” and her knowledge that she was under Department scrutiny, Mother refused the Department’s requests to drug test. Mother also supported Robert’s refusals to drug test for the Department. After the juvenile court ordered Mother to submit to random drug testing at the detention hearing, Mother still refused to drug test. “[A] missed drug test, without adequate justification, is ‘properly considered the equivalent of a positive test result[.]‘” (In re Kadence P., supra, 241 Cal.App.4th at p. 1384; accord, In re Christopher R., supra, 225 Cal.App.4th at p. 1217.) Ernest and Beatrice believed that Mother was using illicit drugs “because the signs [were] evident.” They reported that “you can look at [Mother and Robert] and tell they are using.” Under these circumstances, it was a reasonable inference that Mother continued to have a substance abuse problem.
Although the juvenile court previously found that Mother had a substance abuse problem, Mother “vehemently” denied any
Mother’s refusal to drug test and the inference of continued substance abuse cannot be viewed in a vacuum. Rather, they must be viewed in the context of her recent conduct. Mother and Robert continued to live together, and they had engaged in dangerous activity in the presence of J.S. and M.S. For example, the Department reported that, in late 2018, with 10-year-old M.S. in the front passenger seat of their vehicle, Mother and Robert stole a package from a residence. Although there were no drugs found in the vehicle, when the police arrested Mother and Robert, there was a digital scale in the front seat with M.S.
J.S. reported that Robert conducted drug deals in his residence while the children were living there. Robert’s drug deals started with marijuana and “moved to a powdery substance.” When J.S. told Mother what she had seen, Mother responded J.S. was “paranoid and overreacting.” Ernest reported that Robert was “a drug dealer.” J.S. reported seeing Robert “completely gone and out of it” on drugs. Based on her
Mother argues that her children were no longer at risk by the time of the September 30, 2019 jurisdiction hearing. However, there was no indication that Mother took any steps to change her behavior. The juvenile court reasonably could have inferred that Mother’s behavior would continue. (In re T.V. (2013) 217 Cal.App.4th 126, 133-134 [“[a] parent’s past conduct is a good predictor of future behavior“]; see In re Gabriel K. (2012) 203 Cal.App.4th 188, 197 [“she continued the same denials of any wrong doing. One cannot correct a [drug] problem one fails to acknowledge“].)
Based on the foregoing, substantial evidence supported the conclusion that J.S. and M.S. faced a substantial risk of serious physical harm due to Mother’s recurrent substance abuse and Mother’s failure to protect J.S. and M.S. from Robert’s substance use and drug sales. (See In re Kadence P., supra, 241 Cal.App.4th at p. 1384 [affirming jurisdiction finding based on substance abuse where the mother hid her use of methamphetamine and marijuana, avoided drug tests, and diluted samples]; In re Christopher R., supra, 225 Cal.App.4th at p. 1218 [affirming jurisdiction finding based on substance abuse where the mother, among other things, initially denied cocaine use, missed a drug test, and failed to enroll in a substance abuse program]; In re Drake M., supra, 211 Cal.App.4th at p. 766
B. Substantial Evidence Supported the Juvenile Court’s Order Removing J.S. and M.S. from Mother’s Custody
“‘At the dispositional hearing, a dependent child may not be taken from the physical custody of the parent under
“In determining whether a child may be safely maintained in the parent’s physical custody, the juvenile court may consider the parent’s past conduct and current circumstances, and the parent’s response to the conditions that gave rise to juvenile court intervention.” (In re D.B., supra, 26 Cal.App.5th at p. 332; accord, In re N.M. (2011) 197 Cal.App.4th 159, 170.) “A removal order is proper if based on proof of parental inability to provide proper care for the child and proof of a potential detriment to the child if he or she remains with the parent. [Citation.] ‘The
“When reviewing a finding that a fact has been proved by clear and convincing evidence, the question before the appellate court is whether the record as a whole contains substantial evidence from which a reasonable fact finder could have found it highly probable that the fact was true. In conducting its review, the court must view the record in the light most favorable to the prevailing party below and give appropriate deference to how the trier of fact may have evaluated the credibility of witnesses, resolved conflicts in the evidence, and drawn reasonable inferences from the evidence.” (Conservatorship of O.B. (2020) 9 Cal.5th 989, 1011-1012 (O.B.); accord, In re V.L., supra, 54 Cal.App.5th at p. 155 [“O.B. is controlling in dependency cases“].) We review the entire record to determine whether the removal order is supported by substantial evidence. (In re V.L., at p. 155; In re D.B., supra, 26 Cal.App.5th at pp. 328-329; see O.B., at p. 1011.)
The same evidence that supported jurisdiction amply supported the removal order. Mother nevertheless argues that at the time of the disposition hearing clear and convincing evidence did not support a finding that Mother “was unable to provide care for the children.” However, as stated, the juvenile court could have reasonably inferred that, because Robert continued to live with Mother and Mother continued to use illicit substances, the children could not safely remain in Mother’s custody. Based on Mother’s false denials of her and Robert’s drug use and her prior
Mother’s argument that “substantial evidence did not support a finding that the Department made ‘reasonable efforts’ to prevent the removal of [J.S.] and [M.S.] from [Mother’s] home and that there were no ‘reasonable means’ to protect them other than removal” is unpersuasive. As stated, given Mother’s failures to drug test, denials of drug use by her and Robert, combativeness with the police and the Department, and failure to appear at the disposition hearing, the juvenile court reasonably concluded that there were no reasonable means to protect the children other than their removal from Mother and that the Department made efforts to attempt to eliminate the need for removal. There was no indication in the record that Mother’s behavior had changed or that the children would be safe in Mother’s custody. Far from taking steps to change her behavior, Mother refused to acknowledge that there was any risk of harm to her children. Under these circumstances, the juvenile court did not err in removing J.S. and M.S. from Mother’s custody.6