Fear Not Law CA Unpub Decisions

In re Olivia C. CA4/2

Filed 9/15/26 In re Olivia C. CA4/2
CA Unpub Decisions

Filed 9/15/26 In re Olivia C. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication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

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re OLIVIA C. et al., Persons Coming
Under the Juvenile Court Law.
E087627
RIVERSIDE COUNTY DEPARTMENT
OF PUBLIC SOCIAL SERVICES, (Super.Ct.No. RIJ1700643)

Plaintiff and Respondent, OPINION

v.

L.S.,

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Walter Kubelun, Judge.

Affirmed.

Cecilia E. Rutherford, under appointment by the Court of Appeal, for Defendant

and Appellant.

Minh C. Tran, County Counsel, Jamilia T. Purnell, Chief Assistant County

Counsel, and Prabhath Shettigar, Deputy County Counsel, for Plaintiff and Respondent.

1
L.S. (Mother) appeals from the juvenile court’s dispositional order regarding her

four children. She challenges the sufficiency of the evidence supporting the court’s

jurisdictional findings against her. She also argues that (1) the record does not contain

substantial evidence supporting the order removing the children from her custody, and (2)

the court failed to “state the facts on which the decision to remove” the children was

based. (Welf. & Inst. Code, § 361, subd. (e); unlabeled statutory references are to this

code.) We affirm.

BACKGROUND

I. Prior dependency proceedings

One of Mother’s children, Olivia C., was the subject of a prior dependency case in

Los Angeles County. The September 2016 referral alleged that Mother tested positive for

methamphetamine at Olivia’s birth. The court sustained the allegations of the petition,

declared Olivia a dependent, removed the newborn infant from Mother, and ordered

reunification services. Mother complied with her case plan, and the court returned Olivia

to Mother’s custody and terminated jurisdiction in January 2018. Olivia’s father was

unknown.

II. Detention in the present case

In August 2025, the Riverside County Department of Public Social Services

(DPSS) received a referral concerning Mother, Alan C. (Father), and their three children:

2
seven-year-old L.C., five-year-old M.C., and 11-month-old B.C.1 Mother and Father

have been together since 2012, and they married in 2017.

Riverside Public Utilities had recently shut off electricity to the family’s home

because the account had an overdue balance. Several days later, a city utility worker

went to the home to investigate possible “power theft.” The utility worker discovered

that the parents had been “stealing electricity” by “using vehicle jumper cables placed

onto the roof to pull power.”2 The adult male who answered the door stated that he was

stealing electricity because there were children in the home. The man was shaking and

unable to complete his sentences, and he appeared to be under the influence of drugs.

The social worker went to the home to investigate that same day. There was a

generator outside the home. Mother reported that the parents and their three children had

been living there for roughly two months. The home was cluttered and dirty. The floor

in the children’s room was not visible, because it was covered with piles of clothing and

toys. There were also piles of clothing throughout the home. The kitchen counters were

covered with food, dishes, and trash, and the sink was piled with dirty dishes.

Mother’s fourth child, Olivia, lived with the maternal great-aunt, but Olivia visited

Mother’s home. Olivia was then eight years old and had lived with the maternal great-

aunt since birth. After Mother reunified with Olivia in the prior dependency case, Mother

allowed Olivia to live with the maternal great-aunt, because the child had bonded with

1 Father is not a party to this appeal.
2 The detention report included a photograph of the jumper cables placed on the
roof. They appeared to be hooked up to utility equipment.

3
the relative. The living arrangement with the maternal great-aunt was informal; there

were no court orders or “legal paperwork” giving her custody or legal guardianship.

Olivia’s father was still unknown.

Mother initially denied having a history of substance abuse. But when the social

worker mentioned Olivia’s prior dependency case, Mother acknowledged that she began

using methamphetamine in 2013. She denied any recent use and said that she last used

when she was pregnant with Olivia. She also said that she and Father used

methamphetamine together before Olivia’s birth. She had used marijuana recently when

B.C. was with the maternal great-aunt and the older children were at school.

Mother had been diagnosed with schizoaffective disorder in 2013, and she thought

she had also been diagnosed with attention deficit disorder and depression. She could not

remember the names of the three medications that she was supposed to be taking, and she

was not receiving any psychiatric care, counseling, or therapy.

Mother denied stealing electricity and said that they were using the generator to

power the home. She acknowledged that she and Father owed a substantial overdue

balance on the utility account, and they still owed their landlord a deposit. They did not

have jobs and were unsure how they were going to pay the bills. The landlord confirmed

that the parents owed a deposit, and he intended to begin the eviction process. The

parents had given him a fraudulent check for their rent.

Father stated that he previously used cocaine and alcohol, but he had been clean

since 2015. When the social worker pressed him on his “most recent drug use,” he got

flustered and said that he did not understand why it mattered. The worker asked if he had

4
used methamphetamine and if he and Mother had ever used together, and he denied both.

After the worker explained that Mother reported otherwise, he said that he had used

methamphetamine three to four times many years ago. He estimated that he and Mother

last used methamphetamine in 2013. Father knew that Mother had some mental health

diagnoses, and he said that she had not been taking her medications.

Father reported that the home’s power had been shut off for one week, and he was

unsure why. The family had been going to the maternal great-aunt’s home to heat food

and to charge their devices. The maternal great-aunt recently rented a generator for them

for two days. The food in the refrigerator was warm because it had been off before the

parents got the generator, but the parents had been keeping the children’s milk at the

maternal great-aunt’s home to keep it cold.

Both parents agreed to a saliva drug test but were unable to produce any saliva, so

they agreed to a urine drug test by the end of the day. The parents declined the social

worker’s offer to refer them to substance abuse treatment. They called the social worker

that evening to say that they had arrived at the clinic after it closed, and they agreed to

drug test first thing in the morning. The next morning, Father immediately ran to the

clinic restroom when they arrived. When it came time for the parents to test, neither one

could produce enough urine. They returned at the end of the day to complete the drug

test.

Both parents tested positive for methamphetamine and amphetamine. When the

social worker called to report the results, Mother claimed that her positive results were

“impossible.” Mother insisted that the test was wrong, and she asked to retest. But after

5
several minutes, Mother admitted one recent use of methamphetamine with an

acquaintance (not Father). She did not provide any other details about her use. Father

stated that the test was wrong and that there must have been a mistake.

Before the family moved into their current home, they had all been living with the

maternal great-aunt. Mother still relied heavily on the maternal great-aunt to help

transport the children to school and medical appointments. The maternal great-aunt said

that “she kicked [the parents] out due to their failure to assist in the home.” She did not

know whether the parents were using drugs, and she did not know that they had been

stealing electricity. The parents told her that they needed help with the generator because

the city had turned off their power to install new power lines.

L.C. reported that she did not eat the day before. The child had dirt all over her

body and under her fingernails. M.C. also had dirt all over her body. She reported that

there were times when “the lights did not work in their new house and their old

apartment.” B.C. similarly was covered in dirt, and he also had redness all over his body.

Mother said that he had eczema but had not been seen by a doctor. She recognized the

condition as eczema because the other children had it as infants. DPSS arranged for

medical appointments for the children, and B.C. was treated for eczema, rhinovirus, and

infections in both ears. M.C. was also treated for eczema.

Olivia reported feeling safe at the maternal great-aunt’s home. The child

expressed fear about living in Mother’s home, because she had never lived with Mother

and wanted to remain with the maternal great-aunt. Olivia said that she visited the

6
parents’ home for a few hours at a time. She was last there a few days ago, but she could

not recall if the utilities were working.

When the social worker visited the next day, the home was cleaner, and much of

the clutter had been picked up. The food in the refrigerator was still warm. Mother

stated that the refrigerator pulled too much electricity from the generator, so they turned

the refrigerator off. Father said that he had purchased a generator and would be getting

solar panels.

DPSS filed a petition under subdivision (b) of section 300, alleging that

(1) Mother had an unresolved history of substance abuse, limiting her ability to meet the

children’s basic needs and keep the children safe (b-1 allegation); (2) Father had an

unresolved history of substance abuse, limiting his ability to meet the children’s basic

needs and keep the children safe (b-2 allegation); (3) both parents neglected the health

and safety of the children by allowing the home to be in “deplorable conditions,” in that it

was dirty, cluttered, and lacking electricity (b-3 allegation); (4) both parents neglected the

health and safety of L.C., M.C., and B.C., in that all three children were dirty, B.C. had

redness all over his body, and L.C. went one day without food (b-4 allegation); and

(5) Mother had unresolved mental health issues and failed to follow through with

appropriate treatment (b-5 allegation). The petition also alleged that the identity and

whereabouts of Olivia’s father were unknown, and he had failed to provide the child with

care and support. (§ 300, subd. (g).)

In August 2025, the court detained Olivia from Mother and detained the other

three children from both parents. Olivia was placed in the maternal great-aunt’s home,

7
and the other children were placed elsewhere. The court ordered DPSS to provide

predisposition services, including referrals for drug testing, substance abuse treatment,

parenting education, and counseling.

III. Jurisdiction and disposition

When interviewed for the jurisdiction/disposition report, Mother stated that she

completed an outpatient substance abuse treatment program in 2018 as part of the prior

case concerning Olivia. She recently used methamphetamine with her friends when B.C.

was with his aunt and the other children were at school, and that was why she tested

positive. Father did not use with her, and she believed that someone tampered with his

test results. Before her recent use, Mother last used methamphetamine in 2016. She

denied that her mental health issues were unresolved. She last took her medication

before becoming pregnant with B.C. When she was taking it, she would often stay in bed

all day, and she was not motivated to do anything.

Mother said that the parents used the generator when the children were home and

turned it off when they were at school. The parents kept things that could spoil at the

maternal great-aunt’s home. There was never spoiled food in the home. The internet

service did not work at times, so the children could not use their tablets. They must have

believed that there was no electricity for that reason. The electricity was working when

the social worker visited, and the clutter had been cleaned up. Mother said that she was

willing to participate in any services recommended by DPSS.

Olivia reported that although she lived with the maternal great-aunt, she

“sometimes stay[ed]” at the parents’ home. The family would often eat the same thing

8
for days at the parents’ home, and they would “not have a lot of food.” The lights at the

home did not work when the family first moved in. Father had an “engine” that helped

them have electricity. They typically had electricity for six hours at night, and then it

turned off. There were times when Olivia found the refrigerator to be warm. She thought

that was because her sister played with the button that controlled the temperature. The

family stored their food at the maternal great-aunt’s home if the refrigerator was not cold.

L.C. reported that there had been no electricity or internet service at her parents’

home since “last year.” There had also been times when she tried to brush her teeth, but

the water did not run. The television often did not work when she tried to turn it on, and

their food would often “go bad” because the refrigerator was warm. M.C. similarly

reported that the lights in the home did not work “a lot.” She also said that she did not

have enough food because the refrigerator was small and did not work. Both M.C. and

L.C. said that the family needed more food.

The maternal great-aunt stated that she used to give the parents money, but she

stopped after becoming concerned about “what the money would be used for.” The

children often came to her home to eat, and she often bought supplies for the family. The

parents asked her to buy them a generator, but she rented one instead. The maternal

grandfather then paid the parents’ electricity bill. The maternal great-aunt became aware

that Mother was using drugs when Mother tested positive at Olivia’s birth. The maternal

great-aunt thought that Mother was “good” before she got involved with Father.

Father recently appeared unannounced at the maternal great-aunt’s home and

caused a disturbance. She was putting Olivia to bed when Father barged into the home

9
and started yelling. The maternal great-aunt agreed to go outside and talk to Father, as

she did not want to scare Olivia. Once outside, Father blamed the maternal great-aunt for

DPSS’s involvement, and he said that he was “going to take Olivia.” Around the same

time, Father became upset with the maternal great-aunt when she took Mother to the store

to purchase dog food. He sent the maternal great-aunt a text message asking her to “stop

taking” Mother, stating that the maternal great-aunt was doing “a little bit to[o] much”

and accusing her of “fucking with” him. He also said that he would take Olivia if the

maternal great-aunt did not stop.

The parents’ supervised visits with the children went well and were “appropriate.”

The parents submitted to saliva drug tests before their visits with the children in

September and October 2025. At one visit, both parents tested negative. Father tested

negative at the next visit, and Mother was unable to produce enough saliva to test.

Both parents tested positive for methamphetamine at another visit. On that

occasion, Father tested twice, and both results were positive. Mother tested three times.

The first two tests were inconclusive because she was unable to produce sufficient saliva.

The third test was positive.

At the next visit, Mother’s test was again inconclusive because she could not

produce sufficient saliva. Father tested positive for methamphetamine and attributed the

result to ibuprofen that he took the night before. The social worker asked the parents if

they had been calling the number to report for random drug testing. They said that they

did not trust the drug testing clinic and had not been calling. The social worker told them

that she was submitting a referral for them to test in four days. The parents failed to

10
appear for that test. They appeared for two more visits and took saliva drug tests. In both

instances, Father tested negative, and Mother’s tests were inconclusive because of

insufficient saliva.

In late October 2025, Mother appeared at the children’s school and asked the

principal to write a letter stating that DPSS unlawfully took the children. She wanted to

file an action against DPSS for “falsely detaining” the children; she believed the

investigating social worker lied in order to detain the children. She and Father also spoke

with a supervisor at DPSS, because they had questions about the “legitimacy” of the

protective custody warrants issued earlier in the case.

At the jurisdiction and disposition hearing in November 2025, the court made one

change to the allegations in the petition. It struck the allegation that “the home was

without electricity” in the portion describing the “deplorable conditions” of the home.

The court reasoned: “I don’t think it is accurate that it was without electricity. It appears

there was a generator, and there was some electricity. It wasn’t completely void of

electricity. I think the record is clear that it was on and off, but I think that’s an

inaccurate statement.” With that one amendment, the court found true all of the

allegations in the petition.

Regarding the substance abuse allegations, the court observed: “There is testing

of substance abuse. There is a home that is not in good condition, what we call a dirty

home, with multiple challenges for children. The children were also disheveled and dirty,

and at least one of the children indicated that there were times that they did not have food

and could not eat, and the food in the refrigerator was warm. [¶] All those, I believe, are

11
sufficient nexus that could be associated with substance abuse. Where the lack of care of

children could be put at risk, and so for those reasons, I believe that the nexus is there,

and that the allegations are proper.”3

With respect to disposition, the court declared the children dependents of the

court, removed all the children from Mother’s custody, and removed Father’s three

children from his custody. The court also ordered reunification services for both parents.

DISCUSSION

I. Jurisdiction

Mother argues that the record does not contain substantial evidence to support the

jurisdictional findings against her. The argument lacks merit.

Section 300, subdivision (b)(1), provides that a child may come within the court’s

jurisdiction if “[t]he child has suffered, or there is a substantial risk that the child will

3 Father filed pro se section 388 petitions before the jurisdiction and disposition
hearing, even though he was represented by counsel at the time. (The court later granted
his request to represent himself.) The court set a hearing to determine whether Father
made the required prima facie showing, and the court ultimately denied the petitions. It
reasoned that the petitions were “not quite ripe yet,” because section 388 petitions “are
generally for a change in circumstances post jurisdiction.” The court nevertheless
concluded that there was no prima facie showing of a change in circumstances or that the
requested orders would promote the children’s best interests.
The court was correct that Father filed the petitions prematurely. Generally, a
petition under “section 388 lies to change or set aside any order of the juvenile court in
the action from the time the child is made a dependent child of the juvenile court.” (In re
Jasmon O. (1994) 8 Cal.4th 398, 415; § 388, subd. (a)(1).) Father’s children had not yet
been declared dependents of the juvenile court when he filed the petitions, so the court
could have summarily denied the petitions on that basis. In addition, Father had no right
to file the pro se petitions when he was represented, so the court could have returned the
documents unfiled or stricken the filed documents. (In re P.C. (2026) 122 Cal.App.5th
628, 636-637.)

12
suffer, serious physical harm or illness, as a result of” a parent’s failure or inability “to

adequately supervise or protect the child” or the parent’s inability “to provide regular

care for the child due to the parent’s … substance abuse.” (§ 300, subd. (b)(1)(A), (D).)

A jurisdictional finding under subdivision (b)(1) of section 300 requires that DPSS prove

by a preponderance of the evidence the following elements: “(1) neglectful conduct,

failure, or inability by the parent; (2) causation; and (3) serious physical harm or illness

or a substantial risk of serious physical harm or illness.” (In re L.W. (2019) 32

Cal.App.5th 840, 848.) “[T]he court need not wait until a child is seriously abused or

injured to assume jurisdiction and take steps necessary to protect the child. [Citation.]

The court may consider past events in deciding whether a child presently needs the

court’s protection. [Citation.] A parent’s ‘“[p]ast conduct may be probative of current

conditions” if there is reason to believe that the conduct will continue.’” (In re

Christopher R. (2014) 225 Cal.App.4th 1210, 1216, disapproved on another ground by In

re N.R. (2023) 15 Cal.5th 520, 560, fn. 18.)

A challenge to the sufficiency of the evidence supporting a jurisdictional finding

requires us to determine if substantial evidence, contradicted or not, supports it. (In re

I.J. (2013) 56 Cal.4th 766, 773.) We draw all reasonable inferences from the evidence to

support the finding and review the record in the light most favorable to the court’s

determination. (Ibid.) We do not reweigh the evidence or exercise independent

judgment but merely determine whether the evidence is sufficient to support the finding.

(Ibid.)

13
The record contains substantial evidence supporting the b-1 allegation concerning

Mother’s substance abuse. Mother had a dependency history because she tested positive

for methamphetamine at Olivia’s birth. In the present case, Mother initially denied any

recent methamphetamine use and said that she last used when she was pregnant with

Olivia, who was eight years old when the current petition was filed. Mother did not

produce sufficient saliva for a drug test and agreed to take a urine test by the end of the

day. She arrived at the clinic after it closed and said that she would return the next

morning. But the next morning, she did not produce enough urine. When she finally

took the urine test at the end of that day, she tested positive for methamphetamine. She

again denied any use, claiming that the result was impossible. She eventually admitted

that she used with a friend but declined to provide further details. Much later, when the

social worker interviewed her for the jurisdiction and disposition report, Mother said that

she tested positive because she used with her friends when B.C. was with his aunt and the

other children were at school. She declined to participate in further urine drug tests

because she claimed not to trust the testing clinic, and she declined DPSS’s offer of

substance abuse treatment. She also regularly failed to produce sufficient saliva for the

drug tests before visits, and she tested positive for methamphetamine on one of the few

occasions when she did produce enough saliva. The court could reasonably infer from all

of the foregoing evidence that Mother was attempting to evade testing, was being

dishonest about her use, and was under the influence while the children were in her care.

Moreover, the record supports the reasonable inference that Mother’s

methamphetamine use was causing her to neglect the children’s health and safety, putting

14
them at substantial risk of serious physical harm or illness. She asserts that the children

were “cared for and healthy,” but there was substantial evidence otherwise. The

electricity in the home did not always work, and L.C. reported that the food would often

spoil because the refrigerator was warm. L.C. and M.C. reported that the family needed

more food, and L.C. said that she went one day without eating at all. Before the maternal

great-aunt rented a generator on a short-term basis, the parents were stealing electricity

with jumper cables attached to equipment on the roof. The children were dirty, M.C. had

untreated eczema, and B.C. had untreated eczema and infections in both ears. The

maternal great-aunt previously supported the family, but she stopped giving the parents

money because she had concerns about “what the money would be used for.”

The court could reasonably conclude from all of that evidence that Mother’s

methamphetamine use was impairing her ability to provide a safe home and care for the

children. The lack of sufficient food, the presence of spoiled food in the home, the

hazardous jumper-cable system on the roof, and the children’s untreated medical

conditions showed that the children were at risk of serious physical harm or illness. And

even if the parents had cleaned up the home and obtained a generator by the time of the

jurisdiction hearing, Mother was resisting treatment and monitoring of her drug use. The

court could reasonably conclude that the unsafe conditions in the home and the lack of

care would continue to occur in the absence of juvenile court jurisdiction.

Mother argues that the evidence is insufficient especially as to Olivia, because the

child did not live in the family home, and there is no evidence that the child was at risk in

the maternal great-aunt’s home. But Olivia reported that she stayed at Mother’s home for

15
visits, the family did “not have a lot of food,” and there were times when the home did

not have electricity and she found the refrigerator to be warm. Olivia’s visits thus placed

her at risk from the unsafe conditions in the home experienced by the other children. In

addition, although Father apparently had no parental rights to Olivia, he twice threatened

to take Olivia from the maternal great-aunt. The court could reasonably conclude that

Mother would not stop him from bringing Olivia back to the parents’ home.

Mother also challenges the b-3, b-4, and b-5 allegations against her, concerning

the “deplorable conditions” of the home, the dirty state of the children and other aspects

of their physical condition, and her mental health issues. She argues that there was no

evidence of a nexus between those issues and harm to the children and that some of those

conditions had improved by the time of the jurisdiction hearing.

The conditions of the home and the children were evidence that Mother’s

substance abuse put the children at substantial risk of harm, regardless of whether they

provided independent grounds for jurisdiction. And as already explained, the court could

reasonably infer that the conditions were likely to recur in the absence of juvenile court

jurisdiction, because Mother was resisting treatment and monitoring of her drug use. We

need not address Mother’s challenge any further. That is because “‘[w]hen a dependency

petition alleges multiple grounds for its assertion that a minor comes within the

dependency court’s jurisdiction, a reviewing court can affirm the juvenile court’s finding

of jurisdiction over the minor if any one of the statutory bases for jurisdiction that are

enumerated in the petition is supported by substantial evidence. In such a case, the

reviewing court need not consider whether any or all of the other alleged statutory

16
grounds for jurisdiction are supported by the evidence.’” (In re I.J., supra, 56 Cal.4th at

p. 773; accord, In re D.P. (2023) 14 Cal.5th 266, 284 [if there are multiple jurisdictional

findings against a parent, “the validity of one finding may render moot the parent’s

attempt to challenge the others”].)

In sum, Mother’s jurisdictional challenge is meritless. The record contains

substantial evidence that Mother’s substance abuse placed the children at substantial risk

of serious physical harm or illness.

II. Disposition

Mother also challenges the dispositional order removing the children from her

custody. She argues that (1) the record does not contain substantial evidence to support

the removal order, and (2) the court prejudicially erred by failing to state the facts on

which the removal order was based. Both arguments lack merit.

To order a child removed from a parent’s physical custody, the juvenile court must

find by clear and convincing evidence that (1) there “would be a substantial danger to the

physical health, safety, protection, or physical or emotional well-being” of the child in the

parent’s home, and (2) “there are no reasonable means by which the [child’s] physical

health can be protected without” removal. (§ 361, subd. (c)(1).) In addition to making

those factual findings, the “court shall state the facts on which the decision to remove the

[child] is based.” (§ 361, subd. (e).) The child “‘need not have been actually harmed

before removal is appropriate. The focus of the statute is on averting harm to the child.’”

(In re N.M. (2011) 197 Cal.App.4th 159, 170.)

17
If the court fails to state the facts on which a removal order is based, we do not

reverse unless the error prejudiced the appellant. (In re D.P. (2020) 44 Cal.App.5th

1058, 1068.) Accordingly, the appellant must show a reasonable probability that they

would have achieved a more favorable result if the court had stated the pertinent facts.

(In re V.L. (2020) 54 Cal.App.5th 147, 159.)

We review the findings underlying the court’s removal order for substantial

evidence (In re R.T. (2017) 3 Cal.5th 622, 633), taking into account the level of

confidence that the clear and convincing evidence standard demands (Conservatorship of

O.B. (2020) 9 Cal.5th 989, 995). The question before us “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.” (Id. at pp. 995-996.) We “view the

record in the light most favorable to the prevailing party below and give due 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.” (Id. at. p. 996.)

The record contains substantial evidence supporting the removal order. Mother

asserts that there was insufficient evidence because she cooperated with DPSS, she

indicated her willingness to participate in services, she remedied the circumstances that

initiated the referral, and the children did not show any signs of physical harm. The

argument ignores all of the contrary evidence and reasonable inferences supporting the

removal order. Mother stated that she was willing to participate in services, but her

actions demonstrated otherwise. DPSS gave her referrals, and she did not engage in any

of the services. In particular, she refused the agency’s offer of substance abuse treatment,

18
and she refused urine drug testing because she claimed not to trust the clinic. She

delayed her first and only urine test by appearing after the clinic closed and then failing to

produce sufficient urine the next morning. And she often evaded the saliva tests before

visits by failing to produce sufficient saliva. Mother also demonstrated a lack of insight

into the problems requiring juvenile court supervision. She never acknowledged that she

or Father had a substance abuse problem, despite their test results showing that they were

using methamphetamine. She attempted to persuade the children’s school principal to

write a letter stating that DPSS had unlawfully detained the children, she claimed that the

social worker had lied, and she wanted to file an action against the agency. Mother’s lack

of insight and unwillingness to address her substance abuse provided ample support for

the conclusion that there would be a substantial danger to the children in her home. The

court did not need to wait until the children were actually harmed to remove them.

Substantial evidence also supports the conclusion that there were no reasonable

means to protect the children short of removal. Mother asserts that the children would

have been protected from any risk of harm if the court had placed them with her and

ordered family maintenance services. But for the children to be safe in her home, she

would need to cooperate with DPSS and meaningfully engage in services. Mother again

overlooks the ample evidence demonstrating her unwillingness to engage in services and

her attempts to evade monitoring of her drug use. In addition, the jurisdictional findings

and removal order with respect to Father are unchallenged. The parents are married and

live in the same home. Mother did not explain how she would protect the children from

the risk of harm posed by Father. The record supports the reasonable inference that she

19
would not sufficiently protect the children from him, given that she would not

acknowledge his drug use and claimed that someone tampered with his positive test.

(See In re Lana S. (2012) 207 Cal.App.4th 94, 105-106 [parent’s “lengthy history of drug

abuse, denial of any drug problem, refusal to voluntarily drug test and enter drug

treatment, and her reference to her live-in boyfriend as a heroin addict” constituted

substantial evidence of no reasonable means to protect absent removal].)

As for Mother’s remaining argument, she is correct that the court failed to state the

facts on which it based the removal order.4 However, she fails to show that the error was

prejudicial. She contends that if the court had “reviewed the facts in evidence” regarding

the condition of the family home and the children’s health and safety, then it would have

placed the children with her. But there is no reason to believe that the court failed to

review any evidence. Indeed, the record demonstrates that the court was well aware of

the evidence. For instance, the court struck the petition’s allegation that the home was

without electricity, because the court knew that the parents had a generator by the time of

the jurisdiction hearing. And the arguments of Mother’s counsel brought the court’s

4 Mother also asserts that the court failed to make the findings required by
subdivision (c)(1) of section 361, namely, that (1) there would be a substantial danger to
the children in Mother’s home, and (2) there were no reasonable means to protect them
short of removal. She is incorrect. The minute order for the disposition hearing states:
“There is clear and convincing evidence of the circumstances stated in WIC § 361
regarding Mother [L.S.]. [¶] The mother, [L.S.], is a person/are persons described in
WIC § 361(c)(1).” Similarly, according to the reporter’s transcript, the court stated:
“There’s clear and convincing evidence that the circumstances stated in W&IC 361
regarding the persons specified below, Mother 361(c)(1) ....” The court then ordered the
children removed from Mother’s custody. It is clear from the court’s reference to the
standard of proof and the applicable statutory provision that it made the required findings,
even if the court did not use the language of the statute verbatim.

20
attention to evidence that supported her position when counsel asked for the children to

be placed in her care with family maintenance services. The court nevertheless

determined that DPSS had carried its burden by clear and convincing evidence. We have

already concluded that there was substantial evidence to support the removal order, and

we need not repeat that discussion here. But that evidence was not just substantial—it

was very strong. There is no reasonable probability that if the court had stated the facts

supporting removal, it would have come to a different conclusion.

For all these reasons, substantial evidence supports the removal order, and the

court did not prejudicially err by failing to state the facts on which removal was based.

DISPOSITION

The jurisdictional and dispositional findings and orders are affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MENETREZ
J.

We concur:

RAMIREZ
P. J.

FIELDS
J.

21

← Back to CA Unpub Decisions · Knowledge Base
Lean view · served in 2 ms · full site view