In re Evan P.





















Filed 9/29/10 In re Evan P. CA2/2

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>NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115 >.





IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND
APPELLATE DISTRICT



DIVISION
TWO




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In re EVAN P., a Person Coming Under the Juvenile Court Law.	B223164 (Los Angeles County Super. Ct. No. CK70605)
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. CHARLENE P., Defendant and Appellant.

APPEAL from
an order of the Superior Court
of Los Angeles
County. Terry T.
Truong, Juvenile Court Referee.
Affirmed.



Roni
Keller, under appointment by the Court of Appeal, for Defendant and Appellant.



Andrea
Sheridan Ordin, County Counsel, James
M. Owens, Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel,
for Plaintiff and Respondent.

_________________

Appellant Charlene P. (mother) appeals from a juvenile
court order denying her request for a hearing under Welfare and Institutions
Code section 388.^[1] We find no abuse of discretion, and affirm
the juvenile court's order.

FACTUAL AND
PROCEDURAL BACKGROUND

Detention

On October 31, 2007, mother's son, Evan P. (the minor,
born July 2007), was taken into protective custody when mother was arrested
following a probation compliance search by the Sheriff's Department and
Probation Department on mother.^[2] Mother was found with methamphetamine and
drug paraphernalia. At the time, mother
and the minor were residing with the minor's maternal grandmother (Christina P.
(Christina)) and maternal great-grandmother (Virginia P. (Virginia)) in Virginia's home.^[3]

Mother admitted to law enforcement and the investigating
social worker that she used methamphetamine on a daily basis and was involved
in the sale of narcotics. She denied,
however, selling the drugs out of Virginia's home; rather, she claimed
that she sold the drugs down the street from the home. Mother also disclosed that she had begun
using drugs when she was 11 years old and had not sustained any period of
sobriety until she discovered that she was pregnant with the minor in November
2006. She stated that she had maintained
her sobriety until the prior month. It
was at that time that she resumed her use of methamphetamine. She was unable to explain what caused her to
relapse.

Mother identified Joseph B. as the minor's father and
reported that he was incarcerated and unaware of the minor's conception.^[4]

Christina reported that mother had a long-term
substance abuse problem, but stated that she thought that after mother became
pregnant, she would remain sober. She
also stated that she had been taking mother to substance abuse meetings. According to the social worker, Christina
â€