Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego County, Richard Neely, Juvenile Court Referee. Super. Ct. No. J516770
BENKE, J.
Belinda E. appeals a judgment declaring her minor daughter, Jennifer S., a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivision (b) and removing her from parental custody under section 361, subdivision (c)(1). Belinda challenges the sufficiency of the evidence to support the court's jurisdictional findings and order. We affirm the judgment.
Statutory references are to the Welfare and Institutions Code.
FACTUAL AND PROCEDURAL BACKGROUND
In July 2007 the San Diego County Health and Human Services Agency (Agency) filed a petition in the juvenile court under section 300, subdivision (g) alleging eight-year-old Jennifer was at risk of harm because Belinda was incarcerated and left her without any provision for support. Belinda had been arrested for transporting illegal immigrants. She had a long history of methamphetamine use. She admitted using methamphetamine the night she was arrested because it gave her the courage to commit the crime. Belinda had unsuccessfully attempted drug rehabilitation. She claimed she was now using drugs only once a month. Belinda's 17-year-old daughter, Lara M., reported Belinda had been using drugs for at least 15 years. Lara saw Belinda use crystal methamphetamine.
Belinda admitted she needed an intensive drug treatment program. She recognized she posed a risk to her children when caring for them while under the influence of drugs. The social worker recommended services for Belinda, including drug testing and treatment.
Agency filed a section 342 subsequent petition, alleging Jennifer was at substantial risk of harm because Belinda's drug use rendered her unable to provide regular care for her. (§ 300, subd. (b).) The court detained Jennifer with her maternal aunt, Cindy D.
An addendum report noted Belinda was a registered narcotics offender and had a criminal record dating to 1995. She had numerous arrests for drug-related and property-related crimes.
The court sustained the allegations of the subsequent petition under section 300, subdivision (b) and dismissed the allegation under section 300, subdivision (g). The court removed Jennifer from parental custody, placed her with the maternal aunt and ordered reunification services for Belinda.
DISCUSSION
Belinda challenges the sufficiency of the evidence to support the court's jurisdictional findings. Belinda asserts Agency did not show Jennifer was or would be at risk of serious physical harm or illness as a result of her drug use. She claims that despite her long-term drug use, she was able to function as a parent and has raised a happy and healthy daughter.
A
In reviewing the sufficiency of the evidence on appeal, we consider the entire record to determine whether substantial evidence supports the juvenile court's findings. We do not pass on the credibility of witnesses, attempt to resolve conflicts in the evidence, or weigh the evidence. Rather, we draw all reasonable inferences in support of the findings, view the record favorably to the juvenile court's order and affirm the order even if other evidence supports a contrary finding. (In re Casey D. (1999) 70 Cal.App.4th 38, 52-53; In re Baby Boy L. (1994) 24 Cal.App.4th 596, 610.) The appellant has the burden of showing there is no evidence of a sufficiently substantial nature to support the order. (In re L.Y.L. (2002) 101 Cal.App.4th 942, 947.)
Section 300, subdivision (b) provides a basis for juvenile court jurisdiction if the child has suffered, or there is a substantial risk the child will suffer, serious physical harm or illness as a result of the parent's failure to adequately supervise or protect the child or provide adequate medical treatment. In enacting section 300, the Legislature intended to protect children who are currently being abused or neglected, "and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of that harm." (§ 300.2.) The Legislature has emphasized that a child's well-being depends on a home environment free from the negative effects of substance abuse . . . ." (§ 300.2.) In this regard, the court need not wait until a child is seriously injured to assume jurisdiction and take the steps necessary to protect the child. (In re Heather A. (1996) 52 Cal.App.4th 183, 194-196.)
The court may consider past events when determining whether a child presently needs the juvenile court's protection. (In re Diamond H. (2000) 82 Cal.App.4th 1127, 1135, disapproved on another ground in Renee J. v. Superior Court (2001) 26 Cal.4th 735, 748, fn. 6.) A parent's past conduct is a good predictor of future behavior. (In re Petra B. (1989) 216 Cal.App.3d 1163, 1169.)
B
Belinda admittedly has used drugs for 10 years. She used crystal methamphetamine in Lara's presence and kept drug paraphernalia in places accessible to Jennifer. Jennifer was aware of Belinda's mood swings. Belinda knew she posed a risk to her children when caring for them while under the influence of drugs. She had been unsuccessful in treating her drug addiction and recognized she needs an intensive drug treatment program. Belinda's pattern of disregarding or minimizing the risks inherent in drug use permits a reasonable inference this behavior may continue in the future. (In re Jennifer P. (1985) 174 Cal.App.3d 322, 326.) The evidence supported a finding Jennifer was at risk of serious physical harm or illness as a result of Belinda's drug use. (§ 300.2; In re Kristin H. (1996) 46 Cal.App.4th 1635, 1651 [drug paraphernalia within minor's reach indicates gross lack of attention to minor's welfare].)
Further, the record belies Belinda's claim she was able to function as a parent despite her drug use. Belinda's criminal lifestyle often left Jennifer without parental care or supervision. When Jennifer was eight months old, Belinda was arrested and incarcerated for petty theft with a prior. Several days later, Agency received a referral for caretaker absence and general neglect involving Jennifer and Lara. Family members found methamphetamine paraphernalia in Belinda's home. When Belinda's probation was revoked for committing two more drug-related crimes and she was again incarcerated, she left Jennifer and Lara with a roommate who was suspected of using drugs. Belinda's most recent arrest for transporting undocumented immigrants brought Jennifer into the dependency system. Belinda had participated in this activity on more than one occasion to make money, leaving Jennifer overnight with Lara or an unreliable babysitter. Substantial evidence supports the court's jurisdictional finding Jennifer was currently at risk of harm as a result of Belinda's failure to adequately supervise or protect her. (In re Rocco M. (1991) 1 Cal.App.4th 814, 824 [risk to child's physical health and safety inherent in absence of adequate supervision and care].)
DISPOSITION
The judgment is affirmed.
WE CONCUR: McCONNELL, P. J., IRION, J.