In re C.T. CA4/2

Opinion

Filed 9/17/26 In re C.T. CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 C.T., a Person Coming Under the Juvenile Court Law.

SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES, E088042

Plaintiff and Respondent, (Super.Ct.No. J306192)

v. OPINION X.A., Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Steven A. Mapes, Judge. Affirmed.

Marisa L. D. Conroy, under appointment by the Court of Appeal, for Defendant and Appellant.

Laura Feingold, County Counsel, and David R. Guardado, Deputy County Counsel, for Plaintiff and Respondent.

1 The juvenile court found true allegations in a Welfare and Institutions Code section 3001 petition filed by plaintiff and respondent San Bernardino County Children and Family Services (the department), removed C.T. (minor, born December 2023) from defendant and appellant X.A.’s (mother) custody, and granted mother reunification services. On appeal, mother contends insufficient evidence supports the court’s true findings on the allegations and the court’s removal of minor from her custody. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 28, 2025, the department received a referral alleging general neglect. The reporting party alleged that the previous night, mother, a dependent minor herself, returned to the facility from a “self-pass inebriated.” Mother was stumbling and unable to stand up straight. She went to her room and passed out. Mother’s family, who were apparently watching minor while mother was out, attempted to return minor to her care; however, mother was unable to care for minor. Staff at the facility intervened and cared for minor for about 12 hours because mother would not wake.

It was reported, “This is not the first time it has happened, and mother has returned to the placement intoxicated before. During the month of September, the mother has been coming back to the facility intoxicated more frequently. [A] [s]taff member could not give an estimate of how often a month it happens, . . . .”

1 All further statutory references are to the Welfare and Institutions Code.

2 “It was reported that mother has recently been more hands off with [minor] and has given [minor] to sta[ff] so that they can care for him. Staff stated this happened one night a couple of weeks ago.” The reporting party indicated the biggest concern was that mother would continue to be under the influence, forcing staff to care for minor. A staff member expressed frustration that mother would not care for minor when able, including giving him his medication, which staff had to do instead.

A staff member said that sometimes minor would go to father’s or the maternal grandmother’s home.2 Mother “was doing fine up until around 4 months ago when a new client was placed in the” facility. Minor would go with the new client and come back intoxicated. “The mother’s behavior has also started to change, and placement has reported her intoxication occurs about two to three times a month.” Mother was required to have permission before leaving the facility but had previously left without doing so.

Four prior referrals regarding minor and mother had been received by the department; three remained open. Mother had commented that minor was “‘a trigger’”

for her. Mother reported that she “went out with her friends and the night ‘did not go as planned’. She was drinking, became intoxicated, and was sexually abused. The mother stated she came back in the early morning intoxicated and went to sleep. She explained that [minor] was with her [stepmother] when she went out and the staff at placement took care of [minor] while she was sleeping. After she awoke, she went to the hospital to get 2 Father is not a party to the appeal.

3 tested and came back to take care of [minor].” “Mother stated that it was her first time becoming intoxicated and that she does not need help supporting her son.”

On October 3, 2025, the department took minor into protective custody. Father reported that he had not seen minor since April 2024; he said mother prevented him from seeing minor. Father said he received messages from mother about her leaving the facility and drinking alcohol. He said she “‘sells her body to men.’”

On October 7, 2025, the department filed a section 300 juvenile dependency petition alleging that mother failed to provide adequate care and supervision of minor due to intoxication (B-1), had a substance abuse problem (B-2), and that father knew or reasonably should have known that mother had untreated substance abuse issues and failed to protect minor (B-3). The court detained minor on October 8, 2025.

In the jurisdiction and disposition report filed October 27, 2025, the social worker recommended the court find the allegations in the petition true, remove minor from mother’s custody, and provide parents reunification services. Mother reported that on the day of the incident, “she was under the influence of ‘alcohol and marijuana.’” She denied any substance use prior to the incident. Mother indicated she was willing to participate in random testing. She was in the process of beginning outpatient treatment.

Mother’s assigned staff member from the facility reported she had worked closely with mother and minor for approximately two years. “She denied having knowledge or concerns [mother] uses substances and the incident was a surprise to her. She described [mother] as a ‘good, responsible mother to [minor].’ [She] reported she has observed the 4 mother ‘is always attentive and cares for [minor].’ [She] denied concerns regarding [mother’s] ability to provide appropriate care and supervision to [minor].”

Father disagreed with the B-3 allegation; he denied any knowledge or suspicion that mother was using substances. Father said he would see minor once in a while.

On October 29, 2025, the parties agreed to continue the matter for mediation. The court granted authority to place minor with father under family maintenance services.

In the December 4, 2025, mediation report, the social worker noted that mother failed to attend. Father submitted on the B-3 allegation; the parties agreed to placement of minor with father on family maintenance services to include individual counselling and parenting classes.

On December 11, 2025, the court continued the matter to provide mother another opportunity to participate in mediation; the court also ordered mother to drug test that day; the court noted that failure to test would be considered as a positive test. A February 2, 2026, mediation report reflected that mother failed to attend.

At a hearing on February 10, 2026, mother’s counsel indicated that mother had moved from her prior placement, and counsel had been unsuccessful in getting ahold of her. Mother had turned 18.

In a March 11, 2026, information for the court, the social worker noted that since the hearing on October 29, 2025, mother had not made herself available to the department. She had missed two scheduled mediations. The department referred her to substance treatment, parenting education, individual counseling, and requested her to 5 participate in on demand and random drug testing. “Despite the department’s efforts to connect her to services, [mother] has not been enrolled in services due to the mother being unresponsive. Further, [mother] has failed to visit with the child consistently.”

Mother failed to show for visits scheduled for February l, and 22, and March 1, and 8, 2026. Mother indicated she was “‘prioritizing herself,’” which did not include prioritizing reunification with minor. Mother submitted certificates of completion of a nurturing parent workshop and, apparently, a substance abuse therapy program.3 At the jurisdiction and disposition hearing on March 11, 2026, the department clarified that its recommendation for disposition was placement with father on family maintenance services and “discretionary services” for mother. Mother’s counsel argued the court should find the allegations not true and transition or return minor to mother’s care. Father’s counsel requested the court dismiss the case with respect to father.

Minor’s counsel requested the court follow the department’s recommendations: “She hasn’t been in contact with the Department to try to show and demonstrate that she does not have a substance use problem.” The department noted, “It seems like this really was not an isolated incident.”

The court found the allegations true, declared minor a dependent of the court, removed minor from mother’s custody, placed minor in father’s custody with family maintenance services, and granted mother reunification services.

3 The certificate itself does not reflect what the program involved; however, mother’s counsel reported, “Mother has explained to me that this is a substance abuse therapy type of program.”

6 II. DISCUSSION Mother contends insufficient evidence supports the court’s true findings on the allegations and the court’s removal of minor from her custody. We disagree.

A. Jurisdictional Findings Mother contends insufficient evidence supports the court’s true findings on all the allegations. We disagree.

“‘“In reviewing a challenge to the sufficiency of the evidence supporting the jurisdictional findings and disposition, we determine if substantial evidence, contradicted or uncontradicted, supports them. ‘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.’”’ [Citations.]” (In re L.O. (2021) 67 Cal.App.5th 227, 238 (L.O.).)

“‘“‘“However, substantial evidence is not synonymous with any evidence.

[Citations.] A decision supported by a mere scintilla of evidence need not be affirmed on appeal. [Citation.] Furthermore, ‘[w]hile substantial evidence may consist of inferences, such inferences must be “a product of logic and reason” and “must rest on the evidence”

[citation]; inferences that are the result of mere speculation or conjecture cannot support a finding [citations].’ [Citation.] ‘The ultimate test is whether it is reasonable for a trier of 7 fact to make the ruling in question in light of the whole record.’ [Citation.]” [Citation.]’”

[Citation.]’ [Citation.]” (In re B.D. (2024) 103 Cal.App.5th 315, 323-324 (B.D.).)

1. B-1 Allegation: Failure to Supervise Mother contends insufficient evidence supports the court’s true finding on the B-1 allegation. We disagree.

“By its terms, the first clause [of subdivision (b)(1) of section 300] requires no more than the parent’s ‘failure or inability ... to adequately supervise or protect the child.’

[Citations.] Indeed, the surrounding provisions in section 300 support the conclusion that the first clause of section 300(b)(1) does not require parental culpability.” (In re R.T.

(2017) 3 Cal.5th 622, 629; accord, In re N.R. (2023) 15 Cal.5th 520, 553 (N.R.).) “In certain circumstances a parent’s or guardian’s substance-related issues may contribute to a finding that dependency jurisdiction exists for another reason, such as a ‘failure or inability of the child’s parent or guardian to adequately supervise or protect the child.’

[Citation.]” (N.R. at p. 540, fn. 9.)

The department alleged in the B-1 allegation that mother failed to provide adequate care and supervision of minor due to intoxication. Specifically, the department alleged that on multiple occasions, mother was unable to provide minor with appropriate care and supervision due to her intoxication, which placed minor at risk of harm while in mother’s care. Here, sufficient evidence supports the court’s true finding on the B-1 allegation.

8 A social service supervisor reported that mother was apparently doing well until around four months prior to the referral, when a new client was placed in the same facility as mother. Mother would go out with the new client and come back intoxicated.

Personnel from the placement indicated that mother had been returning to the facility intoxicated approximately “two to three times a month.” A staff member reported that during the month of September, mother had been coming back to the facility intoxicated more frequently. Father said he received messages from mother about her leaving the facility and drinking alcohol.

The reporting party indicated mother had recently been more “hands off with [minor] and has given [minor] to sta[ff] so that they can care for him.” A staff member indicated this happened one night a couple of weeks prior to the triggering incident. The reporting party indicated the biggest concern was that mother would continue to be under the influence of alcohol, forcing staff to care for minor. A staff member expressed frustration that even when able, mother would not care for minor, including giving him his medication, which staff had to do instead.

On the day of the incident that triggered the referral, mother returned from a “self- pass inebriated.” She was stumbling and unable to stand up straight. She went to her room and passed out. Mother’s family, who were apparently watching minor while mother was out, attempted to return minor to her care; however, mother was unable to care for minor. Staff at the facility intervened and cared for minor for about 12 hours because mother would not wake. Mother admitted she came back to the facility 9 intoxicated, under the influence of marijuana, and unable to care for minor. “This is not the first time it has happened, and mother has returned to the placement intoxicated before.”

Thus, contrary to mother’s assertion, this was not a situation where “mother drank on one occasion.” Rather, it was the culmination of months of incidents based on the reports of several individuals wherein mother would return to the facility intoxicated and would rely on staff to care for minor rather than care for minor herself. As the department noted, “It seems like this really was not an isolated incident.” Moreover, there were reports that even when not intoxicated, mother would decline to care for minor. Therefore, substantial evidence supported the court’s finding that mother had failed to adequately supervise minor.

Furthermore, mother no longer lived in the facility and had failed to make herself available to department personnel; thus, it was not clear who would care for minor in future situations in which mother might become intoxicated. Therefore, there was substantial evidence of risk to minor.

Mother analogizes In re J.N. (2010) 181 Cal.App.4th 1010 (J.N.) to the instant case with respect to her contention that we should reverse the jurisdictional finding. She repeatedly refers to the circumstances as involving a “single incident,” “one night,” “one occasion,” a “single occasion,” a “single night,” “one incident,” or an “isolated night.”

As we noted ante, this was not a single incident.

10 In J.N., the court framed the issue as “whether evidence of a single episode of parental conduct was sufficient to bring the three children within the juvenile court’s jurisdiction.” (J.N., supra, 181 Cal.App.4th at p. 1022.) The appellate court noted that, “The court did not find, and nothing in the record supported a finding, that either parent had an ongoing substance abuse problem, and any such conclusion would be conjecture based upon the record before us. Consequently, the evidence did not establish that any of the children were at risk of physical harm as a result of parental inability to provide regular care due to the parent’s substance abuse.” (Ibid.; id. at p. 1026 [“[H]ere the court did not find that the parents were substance abusers”].)

First, as described ante, “This case does not involve a single act which endangers a child.” (In re R.C. (2012) 210 Cal.App.4th 930, 944 [distinguishing J.N.]; accord, In re Adam D. (2010) 183 Cal.App.4th 1250, 1261, fn. 7; In re Ethan C. (2012) 54 Cal.4th 610, 636, fn. 17.) Rather, this case involves several incidents of alcohol abuse, and at least one case of marijuana use, that could have endangered minor except for the fact that she lived in a facility with personnel who were forced to care for minor when mother became unable or unwilling to do so. Now that she no longer lived in such a facility, failed to participate in services, failed to test, and refused to contact or cooperate with the department, her potential alcohol induced incapacitation posed a substantial danger to minor, as it was unclear who would be caring for minor.

Second, in J.N., the court found that neither parent had a substance abuse problem.

(J.N., supra, 181 Cal.App.4th at p. 1022.) Here, by finding the B-2 allegation true, which 11 we affirm post, the juvenile court expressly found that mother had a substance abuse issue. Thus, J.N. is distinguishable.

Mother also complains about the evidence adduced against her: “But general, undated references to unspecified past occasions, offered by interested staff without detail as to frequency, severity, or effect on [minor], are not substantial evidence of an ongoing pattern.” Counsel observes that the record contains only a “handful of secondhand, uncorroborated statements” and “generalized hearsay characterizations” regarding the multiple incidents of intoxication.

However, section 281 “is now generally understood to authorize the admission of a social worker’s report—including hearsay in the report—in any dependency proceeding. [Citation.]” (In re M.B. (2011) 201 Cal.App.4th 1057, 1071; see In re Lucero L. (2000) 22 Cal.4th 1227, 1242-1243 [“hearsay statements contained in social studies should be admissible even if they do not meet the requirements of the child dependency exception . . . .”]; accord, In re James F. (2008) 42 Cal.4th 901, 915.)

“[R]eliance on such hearsay is subject to due process objections if opposing parties are not timely provided copies, given an opportunity to subpoena and examine the social worker and the person(s) whose hearsay statements are contained in the report, and permitted to introduce evidence by way of rebuttal.” (In re Jonique W. (1994) 26 Cal.App.4th 685, 698.) “[T]he rules of evidence are relaxed in dependency proceedings . . . .” (In re Sara M. (1987) 194 Cal.App.3d 585, 594; accord, In re Lesly G.

(2008) 162 Cal.App.4th 904, 914.)

12 Here, mother’s counsel below did not object, on any basis, when the department requested, and the court granted, submission of the matter on the social worker’s reports containing the complained-of statements. Moreover, mother’s counsel could have, but did not, subpoena the staff members and/or social worker to testify regarding the statements. Thus, there is no basis to establish why the statements of staff members at the facility would be biased. Finally, mother’s counsel did not offer any rebuttal evidence, such as mother’s testimony. Therefore, mother forfeited any objection to the statements as inadmissible hearsay and the court’s reliance on them. The juvenile court acted within its discretion in implicitly crediting the reports of staff members that mother had come back to the facility intoxicated on multiple occasions. (L.O., supra, 67 Cal.App.5th at p. 238 [“issues of fact and credibility are the province of the trial court”].)

2. Justiciability The department contends that if any one of the jurisdictional findings are supported by substantial evidence, this court need not address the sufficiency of the evidence supporting the remaining allegations. We agree in part.

Because we held that substantial evidence supported the B-1 allegation, we decline to address whether sufficient evidence supports the B-3 allegation. However, because the B-2 allegation may have served as a basis for the court’s removal order, we exercise our discretion to determine whether substantial evidence supported it.

“As long as there is one unassailable jurisdictional finding, it is immaterial that another might be inappropriate.” (In re Ashley B. (2011) 202 Cal.App.4th 968, 979 13 (Ashley B.); accord, In re M.R. (2017) 7 Cal.App.5th 886, 896.) “‘For this reason, an appellate court may decline to address the evidentiary support for any remaining jurisdictional findings . . . .’ [Citation.]” (In re Briana V. (2015) 236 Cal.App.4th 297, 308 (Briana V.); accord, L.O., supra, 67 Cal.App.5th at p. 237.)

Since we have held that substantial evidence supported the B-1 allegation, any determination we might make on the B-2 or B-3 allegations will not result in a reversal of the court’s order asserting jurisdiction. (Briana V., supra, 236 Cal.App.4th at p. 308.)

“However, we generally will exercise our discretion and reach the merits of a challenge to any jurisdictional finding when the finding (1) serves as the basis for dispositional orders that are also challenged on appeal [citation]; (2) could be prejudicial to the appellant or could potentially impact the current or future dependency proceedings [citations]; or (3) ‘could have other consequences for [the appellant], beyond jurisdiction.’” (In re Drake M. (2012) 211 Cal.App.4th 754, 762-763, overruled on other ground in In re N.R. (2023) 15 Cal.5th 520, 550; accord, In re Rashad D. (2021) 63 Cal.App.5th 156, 164; L.O., supra, 67 Cal.App.5th at p. 237.)

We note that without express findings by the juvenile court, because the true finding on the B-2 allegation concerned mother’s substance abuse, it may have served as a basis for the order removing minor from mother’s custody. We also note that it could prejudice mother. Therefore, we will exercise our discretion to review that allegation for substantial evidence. However, because the B-3 allegation related only to father, it did not serve as the basis for the removal order, does not prejudice mother, and would not 14 appear to have any additional consequences for mother. Therefore, we decline to review the B-3 allegation.

3. B-2 Allegation: Substance Abuse Mother contends insufficient evidence supports the B-2 allegation. We disagree.

Substance abuse means “the excessive use of drugs or alcohol.” (N.R., supra, 15 Cal.5th at p. 531.) “[F]or dependency jurisdiction to exist due to substance abuse . . . , this abuse must render a parent or guardian unable to provide regular care for a child and either cause the child to suffer serious physical harm or illness or place the child at substantial risk of suffering such harm or illness.” (Ibid.) “[T]he government must establish, as separate elements, that (1) substance abuse (2) makes a parent or guardian unable to provide regular care for a child and (3) this inability has caused the child to suffer serious physical harm or illness or creates a substantial risk of such harm or illness.” (Id. at p. 558.)

“It is reasonable for courts to infer that very young children require a substantial degree of close supervision. But it is inappropriate to regard a parent’s or guardian’s excessive use of alcohol or an addictive drug as always being sufficient, by itself, to show that the parent or guardian is unable to provide regular care for a young child and that the child is therefore at substantial risk of serious physical harm.” (N.R., supra, 15 Cal.5th at pp. 558-559.)

“[O]ne reasonable inference from a parent’s refusal to submit to drug testing at the agency’s request, knowing that the agency is attempting to confirm or rule out substance 15 abuse, is that the parent fears such tests would be positive. [Citations.]” (B.D., supra, 103 Cal.App.5th at p. 324, fn. 4.)

The department alleged in the B-2 allegation that mother had a substance abuse problem from which she was not rehabilitated, and which impaired her judgment and ability to care for minor. Here, sufficient evidence supports the court’s true finding on the B-2 allegation.

First, as discussed ante, this was not a situation where “mother drank on one occasion.” Rather, it was the culmination of months of incidents wherein mother would return to the facility intoxicated and would rely on staff to care for minor rather than care for him herself. Thus, substantial evidence supports the juvenile court’s inherent finding that mother’s use of alcohol was “excessive,” in that she was abusing alcohol, which rendered her unable to provide adequate care to minor.

Second, as also discussed ante, mother no longer lived in the facility and had failed to make herself available to department personnel. Thus, it is not clear who would care for minor in future situations in which mother might become intoxicated and unable to do so for periods of up to 12 hours. Third, despite the department’s recommendation and the court’s order, mother failed to test. Fourth, minor was not even two years old when taken into protective custody. Therefore, there was substantial evidence of future risk of harm to minor.

16 Minor attempts to analogize B.D., supra, 103 Cal.App.5th 315 (B.D.), to the current case to establish that insufficient evidence supported the B-2 allegation. We find B.D. distinguishable.

In B.D., the mother had tested positive for opiates at the birth of her child. “She had also tested positive for marijuana and hydrocodone six months earlier, at her first prenatal care visit, in October 2021. . . . Mother said the week before giving birth she was experiencing back pain related to her sciatic nerve. She explained that her aunt gave her a Norco pill.” (B.D., supra, 103 Cal.App.5th at p. 318.) Mother twice refused to test;

however, she later agreed and tested positive for opiates beyond the timeframe from which it would have remained in her system had she only taken Norco once before giving birth, as she insisted she had. (Id. at pp. 318-322) She thereafter refused to submit to further testing. (Id. at pp. 320 & 322.)

The court in B.D. concluded that substantial evidence did not support a finding that the child “had suffered serious physical harm or illness as a result of [the] mother’s substance abuse. There was no evidence that the presence of a low level of an opioid substance consistent with a one-time use of prescription pain medication by [the] mother constituted serious physical harm or illness.” (B.D., supra, 103 Cal.App.5th at p. 327.)

The court additionally concluded, “There was no evidence that mother’s substance use or abuse endangered the children prior to the instant case,” “[t]here was no evidence that mother engaged in drug-related behavior that might put the children at risk of harm,”

“[t]here was no evidence that mother was impaired when caring for the children,” and 17 “[t]here was no evidence that mother had a prior child welfare history related to substance abuse or inadequate care of the children.” (B.D., supra, 103 Cal.App.5th at pp. 330-331.) “[S]ubstance abuse is not by itself sufficient to show a parent cannot provide regular care for a child and that the child is therefore at risk of serious physical harm.” (Id. at p. 331.) Thus, the court reversed the jurisdictional finding. (Id. at p. 318.)

Here, setting aside whether we would agree with the court in B.D. that the facts there were insufficient to find that mother abused substances threatening risk of physical harm to her child, we find B.D. distinguishable. Unlike the B.D. court’s characterization of the situation as being the mother’s “one-time use” of narcotics (B.D., supra, 103 Cal.App.5th at p. 327), mother here repeatedly returned to the facility intoxicated and unable to care for minor.

Unlike B.D.’s assertion that “[t]here was no evidence that [the] mother was impaired when caring for the children” (B.D., supra, 103 Cal.App.5th at p. 330), here, the triggering incident required facility staff to care for minor for 12 hours while mother was intoxicated and when minor was supposed to be in mother’s care. Unlike in B.D. (id. at 330-331), mother had a prior child welfare history that included allegations of general neglect. Mother had refused to cooperate with the department, had not tested as recommended by the department and ordered by the court, and no longer lived in the facility. Thus, B.D. is distinguishable. Substantial evidence supports the B-2 allegation.

18 B. Removal Mother contends insufficient evidence supports the court’s order removing minor from her custody. We disagree.

“Section 361 is the governing statute, and it imposes restraints on the juvenile court’s authority to remove a child from a parent’s physical custody. [Citation.] It provides that ‘[a] dependent child shall not be taken from the physical custody of his or her parents, . . . unless the juvenile court finds clear and convincing evidence’ that ‘[t]here is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, and there are no reasonable means by which the minor’s physical health can be protected without removing the minor from the minor’s parent’s . . . physical custody.’ [Citation.]” (In re M.V. (2022) 78 Cal.App.5th 944, 958 (M.V.).)

“‘“The elevated burden of proof for removal from the home . . . reflects the Legislature’s recognition of the rights of parents to the care, custody and management of their children, and further reflects an effort to keep children in their homes where it is safe to do so. [Citations.] By requiring clear and convincing evidence of the risk of substantial harm to the child if returned home and the lack of reasonable means short of removal to protect the child’s safety, section 361, subdivision (c) demonstrates the ‘bias of the controlling statute is on family preservation, not removal.’”’ [Citation.]” (M.V., supra, 78 Cal.App.5th at p. 959.)

19 “California dependency laws ‘establish that out-of-home placement is not a proper means of hedging against the possibility of failed reunification efforts, or of securing parental cooperation with those efforts. It is a last resort, to be considered only when the child would be in danger if allowed to reside with the parent. The law requires that a child remain in parental custody pending the resolution of dependency proceedings, despite the problems that led the court to take jurisdiction over the child, unless the court is clearly convinced that such a disposition would harm the child. The high standard of proof by which this finding must be made is an essential aspect of the presumptive, constitutional right of parents to care for their children.’ [Citation.]” (M.V., supra, 78 Cal.App.5th at p. 959.)

“We review a dispositional order removing a child from a parent for substantial evidence, ‘“keeping in mind that the trial court was required to make its order based on the higher standard of clear and convincing evidence.’” [Citation.] ‘[A]ppellate review of the sufficiency of the evidence in support of a finding requiring clear and convincing proof must account for the level of confidence this standard demands.’ [Citation.] In applying this standard of review, ‘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.’ [Citation.] We view the record in the light most favorable to the prevailing party and give due deference to how the trier of fact may have evaluated the credibility of witnesses, resolved conflicts in the evidence, 20 and drawn reasonable inferences from the evidence. [Citation.]” (M.V., supra, 78 Cal.App.5th at p. 960.)

Here, sufficient evidence supports the court’s order removing minor from mother’s custody. Mother repeatedly returned to the facility intoxicated and unable to care for minor. The triggering incident required facility staff to care for minor for 12 hours, during which minor should have been cared for by mother. Mother admitted the truth of the substance of the report regarding the triggering incident and admitted to using marijuana. She had also refused to care for minor even when she was not inebriated.

Mother had previously left the facility without obtaining the requisite authorization.

Despite saying she was willing to participate in random testing, mother had refused to cooperate with the department and had not tested as recommended by the department and ordered by the court. Mother no longer lived in the facility and had failed to make herself available to department personnel; thus, it was not clear who would care for minor in future situations in which mother might become intoxicated. Mother had a prior welfare history that included allegations of general neglect. Father said she prostituted herself.

The department had referred mother to multiple services, yet she had not enrolled in any of them.4 Mother failed to show at two mediations. She failed to make herself 4 Although mother had completed two self-referred services, the department had not had time to authenticate them or determine whether they were sufficient: “Although we did receive certificates today, I don’t believe [the department] has seen these or has had an opportunity to follow up with service providers.” As noted in footnote 2 ante, the certificate of completion, which mother’s counsel asserted related to substance abuse, does not actually reflect what the program involved.

21 available to her counsel. Moreover, mother failed to show for four visits with minor.

Mother had commented that minor was “‘a trigger’” for her. Mother indicated she was “‘prioritizing herself,’” which did not include prioritizing reunification with minor. Thus, mother’s past behavior and current refusal to cooperate with the department supported the court’s removal of minor from her custody to ensure minor’s physical safety.

Mother notes that by the time of the disposition hearing, six months had elapsed since the court detained minor: “During that time period there was no further incident, no evidence of ongoing substance use, and no evidence that [minor] was at risk of any harm in mother’s care.” Mother observes this is “particularly [true] when mother resided in a therapeutic placement offering around-the-clock support, crisis intervention, nursing services, and individual counseling.” “In this case mother had access to a unique wealth of resources and the juvenile court could have relied on these to ensure [minor’s] safety.

Mother was staying at [the facility,] which provided an extremely supportive and therapeutic living environment.”

However, mother’s assertions are belied by the record, which reflects that mother refused to cooperate with the department, had not tested as recommended by the department and ordered by the court, and no longer lived in the facility. As counsel for minor noted, “She hasn’t been in contact with the Department to try to show and demonstrate that she does not have a substance use problem.” Thus, the department would have no way of knowing whether mother had any subsequent incidents of alcohol abuse, and, again, as she was no longer living in the facility, there was no way to ensure 22 minor’s safety should she subsequently abuse alcohol and become unable or unwilling to care for him. Substantial evidence supports the court’s order of removal.

III. DISPOSITION

The juvenile court’s findings and orders are affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER Acting P. J.

We concur:

CODRINGTON J.

FIELDS J.