In re Natalie v. CA2/7

CourtCalifornia Court of Appeal
DecidedMarch 30, 2021
DocketB303484
StatusUnpublished

This text of In re Natalie v. CA2/7 (In re Natalie v. CA2/7) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Natalie v. CA2/7, (Cal. Ct. App. 2021).

Opinion

Filed 3/30/21 In re Natalie V. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re NATALIE V., et al., B303484 Persons Coming Under the (Los Angeles County Juvenile Court Law. Super. Ct. No. 19CCJP03713B-D)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

MARISOL L.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Marguerite D. Downing, Judge. Affirmed. Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent.

__________________________

Marisol L. (Mother) appeals from the juvenile court’s jurisdiction findings and disposition orders declaring then-15- year-old Natalie V., then-10-year-old Vincente M., Jr. (Vincente), and then-five-year-old Eian R. dependents of the court under Welfare and Institutions Code1 section 300 based on Mother’s substance abuse and neglect and emotional abuse of the children. The court also sustained findings against the fathers of the children based on histories of substance abuse (as to two of the fathers) and one father’s history of domestic violence. Mother contends there is insufficient evidence to support the jurisdiction findings against her. Mother also challenges the disposition orders removing the children from her physical custody, granting monitored visitation, and requiring Mother to participate in a drug treatment program. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Prior Dependency Cases The family first came to the attention of the Los Angeles County Department of Children and Family Services (Department) in 2006 based on Mother’s substance abuse. The

1 Further undesignated statutory references are to the Welfare and Institutions Code.

1 juvenile court sustained allegations on behalf of then-eight-year- old Roberto and then-two-year-old Natalie that Mother had a history of substance abuse and was a frequent abuser of methamphetamine and marijuana, which rendered her incapable of caring for the children. On July 31, 2007 the juvenile court terminated jurisdiction, and Natalie and Roberto reunified with Mother after she completed a substance abuse program and tested negative for drugs. In 2011 the juvenile court sustained allegations in a new dependency petition on behalf of Roberto, Natalie, and then-one- year-old Vincente that Mother had a history of illicit drug use and use of methamphetamine, amphetamine, and marijuana; Mother and Vincente’s father committed domestic violence in Vincente’s presence; and Vincente’s father had a history of illicit drug use and use of marijuana. At some point the children were returned to Mother. Then, in May 2013 Natalie and Vincente were detained again after Mother was found under the influence of illicit drugs while Natalie and Vincente were in her care. In July 2013 the court sustained allegations in a supplemental petition alleging Mother’s continued use of methamphetamine, which rendered her incapable of caring for Natalie and Vincente.2 On June 2, 2014 the court terminated jurisdiction with a family law order granting Mother sole physical and legal custody of Roberto, Natalie, and Vincente.

2 The record does not explain why then-15-year-old Roberto was not included in the supplemental petition.

2 B. The Current Referral, Detention, and Dependency Petition On July 2, 2019 the Department received a referral alleging Mother and newborn Rainbow M. tested positive for methamphetamine and marijuana at Rainbow’s birth. The Department detained Rainbow after Mother and her boyfriend admitted to using drugs. Mother stated she had a home in Mexico, and she had planned to move back after giving birth to Rainbow. Mother claimed Vincente and Natalie, as well as then- five-year-old Eian, lived in Tijuana, Mexico with Roberto (who by then was an adult), but they visited her on weekends or on random occasions. However, the property manager at Mother’s apartment complex reported all three children lived with Mother in Mother’s apartment, although the manager last saw the children prior to Rainbow’s birth. The property manager was surprised to hear about Mother’s positive drug test, and she did not observe any abuse or neglect the times she saw the children. When the social worker arrived at Mother’s home for an appointment, Mother did not answer the door or the social worker’s seven telephone calls. In response to the social worker’s text message, Mother stated she was not home. Mother indicated her attorney told her that she did not have to speak with the social worker. On August 8, 2019 the Department filed a dependency petition on behalf of Natalie, Vincente, and Eian under section 300, subdivisions (b)(1) and (j). The petition alleged Mother had a 14-year-history of substance abuse and had abused amphetamine, methamphetamine, and marijuana, which rendered her incapable of caring for the children. Further, Mother used illicit drugs during her pregnancy with sibling Rainbow and tested positive at Rainbow’s birth. Natalie,

3 Vincente, and adult sibling Roberto were prior dependents, and Rainbow was a current dependent of the juvenile court due to Mother’s substance abuse.3 At the August 9 detention hearing, the juvenile court detained Natalie, Vincente, and Eian from Mother and granted Mother monitored visitation. The court ordered the Department to assess Roberto for placement of all three children.

C. The Investigation After the detention hearing, Mother agreed to move out of the home to allow Roberto to move in and care for the children. Roberto reported Mother’s home “looked like a tornado [had] came through” with “hundreds of cockroaches, rotting food, mold, garbage, piles of bags and clothing, a stove with a gas leak, and overhanging cabinets that had fallen off the wall.” Mother and her boyfriend continued to enter the apartment to sleep there. Other times, Mother would sleep in her car in the apartment building’s parking structure. When Roberto confronted Mother, she became combative and asked, “Whose side are you on?” After Roberto cleaned the house, the court placed Natalie, Vincente, and Eian with Roberto and appointed Roberto the holder of the children’s educational rights. During her August 14, 2019 interview, Natalie “became emotional and cried when describing [Mother’s] behaviors and their interactions, and how these affected her well[-]being.” Natalie said, “In 7th grade, I missed a lot of weeks because we

3 On November 27, 2018 the Department sustained allegations in a separate dependency proceeding filed on behalf of Rainbow under section 300, subdivisions (b)(1) and (j).

4 used to go to Mexico and got stranded because of car trouble and no gas, or because I had to watch my brothers.” Natalie added, “Sometimes, I would wake up and there would be a note that [Mother] was going out for the day and that I’d be watching the kids and I’d miss school. She wouldn’t answer the phone and later said it had died. That was for at least 2 years, I’d be watching the kids like that.” Mother told Natalie she could stay in school and see her brothers if Natalie lied to the social worker about being in Mexico. When Natalie resided with Roberto,4 Mother had Vincente watch Eian.

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Bluebook (online)
In re Natalie v. CA2/7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-natalie-v-ca27-calctapp-2021.