Filed 5/18/23 In re M.A. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re M

. A

. , a Per son Coming Under the Juvenile Court Law. B 3 16326

Los Angeles County Super. Ct. No. 2 1CCJP03185 LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

R

. A

. et al.

,

Defendant s and Appellant s

.

APPEAL S from order s of the Superior Court of Los Angeles County

, Tamara Hall

, Judge

. A ffirmed

, dismissed

.
Elizabeth Klippi , under appointment by the Court of Appeal, for Defendant and Appellant R

. A

. Sean Angele Burleigh , under appointment by the Court
of Appeal, for Defendant and Appellant M

. P

.2 Dawyn R. Harrison , County Counsel, Kim Nemoy

, Assistant County Counsel, Sarah V e secky , Deputy County Counsel, for Plaintiff and Respondent.

_________________________ Mother R.A. and father M.P. appealed after the juvenile

cou rt took jurisdiction over their child, M.A.

, and removed him
from their custody. The court found mother used drugs while pregnant with M.A. and has unresolved mental health issues. Mother admitted using drugs, but she insisted she had not known she was pregnant until the day she gave birth

. On appeal, mother and father challenge the sufficiency
of the evidence supporting the court’s jurisdictional findings
and dispositional orders , and f ather additionally challenges
the court’s finding that he is an alleged, rather than presumed,
father. Unfortunately, f ather passed away while his appeal

was pending. Accordingly, we dismiss his appeal as moot.
As to mother ’s appea l, we affirm the court’s findings and orders

. FACTUAL AND PROCEDURAL BACKGROUND
1. Background The Los Angeles County Department of Children and Family Services (Department) received a report that mother
had tested positive for marijuana and benzodiazepines after givin g birth to M.A. i n Jun e 2021. One of the nurses said mother showed signs of “ ‘ very active bi

- polar ’ ” disorder. According to the nurse, mother paced and did not respond to the staff’s
directions related to M.A.’s care. Mother refused to hold M.A. t he way the nursing staff had directed her, remarking, “ ‘[H] e’s my baby, I know him, I know what he likes. ’ ” At one point, mother covered herself and the child with a scarf. Hospital staff told3

mother not to put the scarf over M.A., because he had been born with respiratory issues. Mother nevertheless continued to do so.
M other told the Department she met father in New York, and they had unprotected sex in October 2020. Mother moved

to California the next day. Father remained in New York. Mother claimed she had not known she was pregnant

— and had not suspected she was pregnant

— until the day she

ga ve birth. Mother believed she had stopped menstruating
due to stress, rather than pregnancy. Mother provided the Department a photograph from May 2021, which she insisted showed she had no visible signs of pregnancy. A social worker who viewed the photo , however, said mother had a visible “baby bump” and appeared pregnant. Two months before giving birth, mother told maternal great aunt that she had stopped menstruating. Maternal great aunt responded that mother was probably pregnant. After the

conversa tion, mother made an appointment with an OBGYN. The night before the appointment, she started feeling “ ‘ a lot of

stress ’ ” and decided not to go. Mother said she would become anxious whenever she thought about being pregnant, which she attributed to a p rior unsuccessful pregnancy. Mother said she started having severe abdominal pain two days before M.A.’s birth. She thought she was constipated, so she ate a psychedelic mushroom, which had relieved her constipation in the past. Mother ate a mushroom the day before and the day of M.A.’s birth. The pain, however, intensified, so mother eventually went to the hospital. Mother admitted using marijuana during her pregnancy

to treat chronic pain. However, she denied knowing why she had tested positive for be nzodiazepines, and she speculated that it4

may have been caused by “facial cleansing.” According to

a nurse, a positive test result for benzodiazepines is usually

a sign of narcotics use

. Mother reported she had been hospitalized twice for psychiatric issues in 2013. Doctors prescribed her lithium
after the first hospitalization, but she stopped taking it because
she did not believe she had mental health issues. Mother was hospitalized an other time in Turkey, which she described as

an “ ‘ accident. ’ ” According to mother, she had been mistaken
for a Ukrainian sex worker. Mother said the hospitalizations were the result of misunderstandings, and she insisted she
does not have bi

- polar diso rder

. She said she does not believe
in traditional therapy and instead talks to friends who are

“ ‘ healers. ’ ”
Mother had been living with maternal grandparents
while pregnant , but she agreed to move out of their house

so the grandparents could care for M .A. Mother also agreed

to participate in drug and alcohol testing, enroll in a substance abuse program, and undergo a mental health assessment. Mother said she would stop using marijuana because she wanted
to breastfeed M.A. She would instead rely on ib uprofen and

“ ‘ natural foods ’ ” to treat her pain. Father, who lived in New York, told the Department he
assumed M.A. is his child. Maternal uncle had called father a month before mother gave birth and told him she was pregnant. Father said there were pictures of mother showing she was pregnant, but mother insisted she was not. Father believed mother denied being pregnant so she coul d continue using marijuana and drinking alcohol. He said he was aware mother had used cocaine, marijuana, and alcohol in the past

.5 Father said mother has “loving intentions,” but her mental
health can be unstable. According to father, mother had been
hos pitalized twice in the United States for mental health reasons. At one point, she went to France to avoid being hospitalized again. Mother told him she had been prescribed medication,
but she did not take it. Maternal grandmother claimed she did not know mother was pregnant until the day she gave birth. She said mother had gained weight, but did not appear to be pregnant. The family questioned mother many times about whether she was pregnant given her stomach growth, but mother always denied it. The da y before mother gave birth, maternal grandmother gave her money, which mother used to purchase marijuana and mushrooms. According to maternal grandmother, mother had been diagnosed with bi

- polar disorder. She was hospitalized twice in
New York and once in Turkey for mental health issues. Maternal grandmother said mental health issues ran in her family; maternal uncle and maternal great grandmother had been diagnosed with schizophrenia. Maternal grandfather reported that mother had a “bump” on her stomach, but she had denied being pregnant. He said that, although mother had been diagnosed with bi

- polar disorder, she refused to accept her diagnosis and would not take medicine
to treat it. He thought she needed intensive mental health
services.
2. Dependenc

y proceedings The Department filed a petition asserting M.A. is a person described by Welfare and Institutions Code section 300,6

subdivision (b). 1 As to mother, the Department alleged two bases for jurisdiction: (1) mother has a history of substance abuse and used psychedelic mushrooms, benzodiazepines, marijuana, and alcohol while pregnant with M.A.; and (2) mother has a history
of mental and emo tional problems

— including bi

- polar disorder and general anxiety

— yet refused to take medication or participate in consistent mental health treatment. As to father, the Department alleged he failed to protect M.A. from mother’s
substance abuse.
The court he ld a detention hearing on July 14, 2021, at which it found father to be an alleged father. The court detained
M.A. and ordered mother not to breastfeed the child. Father, however, photographed mother breastfeeding M.A. two days after the hearing. Matern al grandparents asked father not to report that fact to the Department. In August 2021, the San Bernardino County Department of
Behavioral Health assessed mother for substance abuse services
and determined she did not meet the criteria for treatment.
Moth er reportedly told the assessor she did not “use any kind
of drugs, prescribed or illegal. I have no desire to use any form
of substance.” Mother enrolled in a different substance abuse

program , along with a parenting class

. She consistently tested

nega tive for drugs, with one “no show

, ” and received positive
feedback from her counselor

. T he Department of Mental Health evaluated mother and determined she was not eligible for services. Tri City Mental
Health also assessed mother , but it did not recommend any services. Mother provided the Department paperwork stating

1 Undesignated statutory references are to the Welfare and Institutions Code.7

her “ ‘ mental health condition does not meet the medical necessary criteria to be eligible for specialty mental health
services. ’ ” According to maternal grandmother, mother had
been “parading paperwork that indicates” she does not have

a mental health diagnosis. On September 16, 2021, mother sent a social worker an extremely long text message purporting to explain her positive test for benzodiazepines. According to the text message, around three years earlier, mother discovered father had put medication
in her coffee. Mother went through father’s cabinet s and found “a bottle hidden way in the back of an empty cabinet at the

very top with a very long name which rings the bell to this benzodiazepine.” Mother then explained that she recently learned her uncle had also secretly put medication in her aunt’s
food. The social worker remarked that the text message was

an example of mother’s tangential thinking.
3. Jurisdiction and dispositi on hearing The court held a combined jurisdiction and disposition hearing on October 26, 2021. At the hearing, m other urged the court to dismiss the petition. She argued her history of substance abuse did not pose a current risk of harm because she had b een open about her past drug use and does not currently abuse any
substances. Mother pointed to her negative drug test results as proof that she was willing and able to stop using drugs. Mother also argued there was insufficient evidence that she suffere d
from any mental health issues. She relied on the fact that she was denied mental health services, as well as the lack of direct evidence of a diagnosis. Mother alternatively asked that M.A.
be returned to her custody on the condition that she live with8

maternal grandparents, who would be able to “provide an extra set of eyes.” The court sustained the petition and took jurisdiction

over M.A. The court found mother has unresolved substance abuse issues, and that she was not credible when she claimed

not to know she was pregnant. The court also found father knew mother was using drugs while pregnant, yet he did nothing

to try to protect the child. As to mother’s mental health issues,
the court found she suffers from bipolar disorder, yet she refused
treatment and self

- medicated with alcohol and drugs. Turning to disposition, the court removed M.A. from his parents’ custody. The court denied father’s request for a “home
of parent ” placement , noting he is merely an alleged father and
it would b e detrimental to release M.A. to his custody. The court also rejected mother’s argument that living with maternal grandparents would be sufficient to protect M.A. “based on the evidence and the [jurisdictional] findings that the court has already made. ” Mother and father timely appealed.

DISCUSSION
1. Father’s appeal is moot In his opening brief on appeal, f ather challenged the juvenile court’s jurisdiction al findings and removal order, as well
as its finding that he is an alleged , rather than presumed, father

. In its respondent’s brief, the Department noted the latter issue

appear s to be moot because the court had since placed M.A. with
father. Nevertheless, the Department indicated it did not object to this court directing the juvenile court to enter an order finding father to be M.A.’s presumed father. After the Department filed9

its brief, father passed away, and the Department moved to
dismis s his appeal as moot. 2

“ ‘ An appeal becomes moot when, through no fault of the respondent, the occurrence of an event renders it impossible
for the appellate court to grant the appellant effective relief. [Citation s .] ’ ” ( In re Anna S. (2010) 180 Cal.App .4th 1489, 1498 ;

see In re D.P. (2023) 14 Cal.5th 266, 276 ( D.P. ).) “ For relief to
be ‘ effective, ’ two requirements must be met. First, the plaintiff must complain of an ongoing harm. Second, the harm must be redressable or capable of being rectified by the outcome the plaintiff seeks. ” ( D.P.

, at p. 276 .) Speculative future harm is

not sufficient to avoid mootness. ( Id

. at p. 278.) Even when a case is moot, a court has inherent discretion to reach the merits of the dispute. ( D.P., supra , 14 Cal.5th at

p. 282.) In deciding whether to exercise that discretion, “a court should be guided by the overarching goals of the dependency system: ‘ to provide maximum safety and protection for children ’
with a ‘ focus ’ on ‘ the preservation of the family as well as the safety, protection, and physical and emotional well

- being of the
child. ’ ” ( Id

. at p. 286.) Courts generally will exercise discretion to review a moot case when it presents an issue of broad public interest that is likely to recur, the controversy between the parties may recur, or a material question remains for the court

to determine. ( Id . at p. 282.) In dependency cases, additional relevant factors include whether the challenged findings could
be prejudicial , affect other depend ency proceedings, or are based

2 We grant the Department ’ s February 8, 2023 motion
to take judicial notice of juvenile court records that document father ’ s death. (See Evid. Code, §§ 452, subd. (d), 459.)10

on particularly pernicious or stigmatizing conduct. (See id . at

pp. 28 5

– 286.)
Because father passed away while his appeal was pending

, the juvenile court’s finding s and orders are no longer causing him
harm. As a result, even if we were to grant father the relief he request ed , the relief would not be effective . Accordingly, father’s appeal is moot , and we dismiss it as such . (See In re A.Z. (2010) 190 Cal.App.4th 1177, 1181 [a father’s death rendered moot
his appeal of a juvenile court’s order terminating his parental rights].) Mother concedes that father’s appeal is moot to the extent it challenges the jurisdiction al findings and removal order. However, she contends father’s challenge to his status as an
alle ged father is not moot because a paternity finding could have practical benefits for M.A. She argues that, although it is not clear which state’s laws will apply to any distribution of father’s assets, a declaration from a California court that father is M.A.’s legal parent “should assist this child in asserting any rights he
has as Father’s heir.” Therefore, she argues, this court’s decision would help ensure M.A. enjoys all the relevant financial and
other benefits available to him as father’s child.
Co ntrary to mother’s contention s , th e fact that a favorable
decision c ould have tangential positive benefits for M.A. does not
render father’s appeal no t moot. N or does it provide a sufficient

reason to exerci se our inherent discretion to decide father’s appeal on the merits , despite its mootness

. While we acknowledge it is possible a finding that father is M.A.’s presumed parent could be useful to proving M.A.’s status as
his heir, mother has not shown the finding itself would entitle
M.A. to an y financial benefits or offer the child any other concrete11

relief ; t hat such a finding could be helpful in the future is far too speculative. Nor has mother shown the juvenile court’s finding that father is an alleged parent, if left to stand, would harm M.A. in any way. Tellingly, neither father’s counsel nor M.A. has
asked us to decide father’ s appeal. Accordingly, we decline to
exercise our inherent discretion to overlook the mootness issue

. 2. Substantial evidence supports the court’s jurisdictional findings as to mother Mother contends the juvenile court’s jurisdictional findings
related to her substance abuse and mental health issues are not supported by substantial evidence.

a. Relevant law and standard of review “In dependency proceedings, the social services agency
has the burden to prove by a preponderance of the evidence that
the minor who is the subject of the dependency petition comes under the juvenile court ’ s jurisdiction. [Citations.] We review the jurisdictional findings for substantial evidence. [Citation.] We consider the entire record, drawing all reasonable inferences
in s upport of the juvenile court ’ s findings and affirming the order even if other evidence supports a different finding. [Citation.] We do not consider the credibility of witnesses or reweigh
the evidence. [Citation.] Substantial evidence does not mean ‘any evidence,’ however, and we ultimately consider whether

a reasonable trier of fact would make the challenged ruling in light of the entire record. [Citation.] The parent has the burden

on appeal of showing there is insufficient evidence to support
th e juvenile court’s order.” ( In re Isabella F. (2014) 226 Cal.App.4th 128, 137

– 138.) Section 300, subdivision (b)(1) authorizes dependency jurisdiction where “[t]he child has suffered, or there is a12

substantial risk that the child will suffer, serious phys ical harm or illness, as a result of

. . . [ t ] he failure or inability of the child ’ s parent or guardian to adequately supervise or protect the child

. . . [or] to provide regular care for the child due to the parent’s

or guardian’s mental illness, developm ental disability, or substance abuse.” Because the statute permits jurisdiction “only so long as is necessary to protect the child from risk of suffering serious physical harm or illness” ( id

. , subd. (b)(3) ), the evidence
must show the child faces a curre nt risk of serious physical harm. (See In re J.N. (2010) 181 Cal.App.4th 1010, 1023.) Thus, section 300, subdivision (b) requires a showing
of “concrete harm or risk of physical harm to the child.” ( In re
Rocco M. (1991) 1 Cal.App.4th 814, 820

– 821.) “As appellate courts have repeatedly stressed, ‘ “[s]ubdivision (b) means what
it says. Before courts and agencies can exert jurisdiction under section 300, subdivision (b), there must be evidence indicating that the child is exposed to a subst antial risk of serious physical harm or illness.” ’ ” ( In re Jesus M. (2015) 235 Cal.App.4th 104, 111.) “The purpose of a dependency proceeding is to protect
the child, rather than prosecute or punish the parent.” ( In re Emily L. (2021) 73 Cal.App.5th 1 , 15.)
b. Mother’s substance abuse Generally, a parent’s substance abuse, “without more,” is an insufficient basis to assert dependency jurisdiction. ( In re L.W. (2019) 32 Cal.App.5th 840, 849.) Rather, the Department must show the parent’s substance abuse harms the child or places
the child at substantial risk of harm. ( In re Drake M. (2012)
211 Cal.App.4th 754, 766

– 767 ( Drake M. ) , disapproved of

on other grounds by D.P., supra , 14 Cal.5th at p p . 282

– 283 ;

see L.W. , at p. 850 [mother engaged in dangerous behavior due13

to substance abuse placing child at risk of harm].) However,
when a child is “ ‘of such tender years that the absence of adequate supervision and care poses an inherent risk to their physical health and safety,’ ” a “fin ding of substance abuse is prima facie evidence of the inability of a parent or guardian to provide regular care resulting in a substantial risk of physical harm.” ( Drake M. , at pp. 766

– 767.) In re Christopher R . (2014) 225 Cal.App.4th 1210 ( Christopher R. ) is instructive. In that case, the juvenile court took jurisdiction over a child after finding the mother had used cocaine while pregnant. The Court of Appeal affirmed, reasoning the mother’s repeated use of cocaine, including while pregna nt, qualified as substance abuse for purposes of section 300, subdivision (b) because it constituted recurrent substance use that resulted in her failure to fulfill a major role obligation. ( Christopher R.

, at p. 1218.) Further, the court concluded the

m other’s “use of cocaine during the last months of her pregnancy confirmed her poor judgment and willingness to endanger her children’s safety due to substance abuse.” ( Id . at p. 1219.) Here, there is overwhelming evidence that mother used marijuana, psych edelic mushrooms, and benzodiazepines while pregnant with M.A. As mother seems to concede, her use of
those substances constituted substance abuse for purposes of section 300, subdivision (b)(1). (See Christopher R.

, supra , 225 Cal.App.4th at pp. 1218

– 12 1 9 .) Because M.A. was of “ tender

years ” as of the jurisdiction hearing, mother’s substance abuse
is prima facie evidence of her inability to provide regular care resulting in a substantial risk of harm to the child. ( Ibid .; see Drake M., supra , 211 Cal.App.4th at p. 767.) Moreover, as in Christopher R ., mother’s drug use “during the last months of14

her pregnancy confirmed her poor judgment and willingness

to endanger her [child’s] safety due to substance abuse.” ( Christopher R. , at p. 1219.) Mother insists that, despite her past drug use, there
is insufficient evidence of a risk of harm to M.A. as of the jurisdiction hearing. In support, she points out she was open about her past drug use, promised not to use drugs in the future,
consistentl y tested negative for drugs, voluntarily enrolled in

a treatment program, and had completed several classes with positive feedback. Contrary to mother’s contentions, there is sufficient evidence from which the court reasonably could have found her
substanc e abuse continued to pose a substantial risk of harm

to M.A. Although mother admitted using some drugs while pregnant, she was not entirely forthcoming with the Department. Mother, for example, repeatedly denied using benzodiazepines, despite testing pos itive for the drug shortly after giving birth. Rather than admit her use of the drug, mother concocted bizarre and implausible explanations for the positive test, including that it was the result of “facial cleansing” and that father had secretly drugged her. On appeal, mother speculates the test might have been the result of medication given to her at the emergency room. While that is certainly possible, the record does not compel such

a finding. In fact, a nurse failed to mention it as a possibility

w hen asked what might have caused the positive test result. Mother further minimized the severity of her substance abuse issues by insisting she had not known she was pregnant, an assertion that strains credulity. The record shows that
after having unprote cted sex with father, mother stopped menstruating and gained significant weight in her midsection.15

Mother’s family members repeatedly questioned her about whether she was pregnant, and mother went so far as to make

an appointment with an OBGYN. On this record, the juvenile court reasonably rejected mother’s contention that she was not aware she was pregnant. The court also reasonably could have concluded mother ’ s participation in services was not sufficient to alleviate the risk
of harm to M.A. Although mother tested negative for drugs several times, she w as a “no show” for one test, which the court could have presumed was because she would have tested positive. (See In re Kadence P. (2015) 241 Cal.App.4th 1376, 1384 [“ a missed drug test, with out adequate justification, is ‘ properly considered the equivalent of a positive test result ’ ”].) Mother also told a substance abuse program assessor she did not “use any kind of drugs, prescribed or illegal. I have no desire

to use any form of substanc e.” Given mother had recently been
unable

, or unwilling

, to abstain from using substances during her pregnancy, the juvenile court reasonably could have concluded
this was a lie. Mother’s reliance on In re J.A. (2020) 47 Cal.App.5th 1036 is misplaced. In that case, the court determined jurisdiction was improper where a mother used edible marijuana to treat her pregnancy symptoms after having researched it was a relatively
safe alternative to other medications. ( Id

. a t p. 1038.) Here,
the record does not show mother believed her drug use during pregnancy was safe. Instead, she simply denied being pregnant, a claim the juvenile court reasonably rejected. Therefore,

as compared to J.A.

, m other’s substance abuse reflect s a significantly more severe deficiency in judgment and willingness to endanger her child’s safety.16 In re Rebecca C. (2014) 228 Cal.App.4th 720 is also readily distinguishable. In that case, the court concluded the Department failed to produce sufficient evidence that the mother’s substance abuse posed a risk of harm to her daughter, who was a teenager. ( Id . at pp. 722, 727

– 728.) Here, M.A.

was four months old at the time of the jurisdiction hearing. Therefore, unlike in Rebecca C. , m other’s substance abuse is prima facie evidence of her inability to provide regular care resulting in a substantial risk of physical harm, and the Department was not required to present additional evidence

on the issue.

c. Mother’s mental health issues
M other argues the court’s jurisdictional findings related

to her mental health issues are not supported by substantial
evidence. She concedes there is evidence that she had “outstanding mental health issues such as bipolar disorder,” but she argues there i s not sufficient evidence that those issues posed
a risk of harm to M.A. In support, she points to evidence that
she had appropriate visitations with the child, sought out mental health services, and submitted to substance abuse testing. As a general matt er, when a juvenile court asserts jurisdiction over a minor based on multiple grounds “ ‘a reviewing court can affirm the . . . court’s finding of jurisdiction over the minor if any one of the statutory bases for jurisdiction . . .
is supported by substant ial evidence.’ ” ( Drake M.

, supra, 211 Cal.App.4th at p. 762.) As the jurisdictional findings related

to mother’s substance abuse support jurisdiction over M.A.,

we “ ‘need not consider whether . . . the other alleged statutory grounds for jurisdiction a re supported by the evidence.’ ” ( Ibid .)17

Nevertheless, out of an abundance of caution, we consider the merits of mother’s arguments related to her mental health issues. Contrary to mother ’ s contentions, the re is substantial
evidence of a direct link between her mental health issues and

a risk of harm to M.A. The court, for example, reasonably could have concluded mother used drugs during her pregnancy in order
to self

- medicate. The court also reasonably could have found
mother’s mental health issues led her to forgo prenatal care, which placed M.A. at substantial risk of harm. Indeed, m other
told a social worker she cancelled an appointment with an OBGYN because she was experiencing too much stress and anxiety. Mother also reported that she became anxious whenever she thought about being pregnant , which would help explain
he r decision to forgo prenatal care. The juvenile court also reasonably could have concluded mother had not sufficiently addressed her mental health issues as of the jurisdiction h earing. The record shows mother has

a long history of severe mental health issues, which resulted
in at least three hospitalizations. Despite this, mother insisted
she did not suffer from mental health issues and refused to take prescribed medication. While it is true that mother had recently
been denied mental health services, the court reasonably could
have determined it was because she had failed to disclose her extensive history of mental health issues to the service providers.
Mother’s reliance on In re James R . (2009) 176 Cal.App.4th 129 is misplaced. In that case, the mother had a history of mental instability, but there was no evidence she had abused

or neglected her children. ( Id

. at p. 136.) Here, in contrast,
the record support s a finding that mother’s mental health issues
caused her to self

- medicate with drugs while pregnant and forgo18

prenatal ca r e, both of which placed M.A. at substantial risk of physical harm. Accordingly, there is a direct link between mother’s mental health issues and a risk of harm to M.A. Mother’s reliance on In re A.L. (2017) 18 Cal.App.5th 1044 is similarly misplaced. In A.L. , the children were significantly
older than M.A.: one child was 15 years old and the other was 11

. ( Id . at p p . 1045

– 1046

. ) The children also lived with their father, who was able to protect and care for them while their mother was experiencing mental health issues. (See id. at p. 1047.) Here,
in contrast, M.A. was of tender years and entirely dependent

on mother for his c are. As a result, mother’s unresolved mental health issue posed a significantly greater risk of harm than
in A.L.
3

. Substantial evidence supports the court’s order removing M.A. from mother’s custody Mother argues the court’s order removing M.A. from her custody is not supported by substantial evidence because there
was no risk of harm to the child as of the disposition hearing.
In support, mother points out that she repeatedly tested negative for drugs, underwent mental health assessments, participat ed
in a substance abuse treatment program and parenting class,
and was consistently appropriate during visits. When a minor has been adjudged a dependent child of
the court under section 300, the juvenile court may limit the
control to be exercised over th e dependent child by the parent

or guardian. (§ 361, subd. (a).) A dependent child may not
be taken from the physical custody of the parent with whom
the child resides unless the juvenile court finds by clear and convincing evidence that there is a “subs tantial danger to the physical health, safety, protection, or physical or emotional19

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 removal. ( Id

. , subd. (c)(1); see In re Ashly F. (2014) 225 Cal.App.4th 803, 809

– 810 ( Ashly F .).)

“ ‘The court may consider a parent ’ s past conduct as well as present circumstances.’ ” ( In re John M. (2012) 212 Cal.App.4th 1117, 1126.) “ ‘A removal order is proper if it is based on proof
of (1) parental inability to provide proper care for the minor and (2) potential detriment to the minor if he or she remains with
the parent.’ ” ( In re Francisco D. (2014) 230 Cal.App.4th 73, 83.) When reviewing findings that must be proved by clear
and convincing evidence, “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. Consistent wi th well

- established principles governing review for sufficiency of the evidence, in making this assessment the appellate court must view the record in the light most favorable to the prevailing party below and give due deference to how the trier of fact ma y have evaluated the credibility of witnesses, resolved conflicts in the evidence,
and drawn reasonable inferences from the evidence.” ( Conservatorship of O.B. (2020) 9 Cal.5th 989, 995

– 996; see also
In re Jasmon O. (1994) 8 Cal.4th 398, 423.) The appellant has the burden of showing there is insufficient evidence to support the juvenile court’s findings or orders. ( In re Geoffrey G. (1979) 98 Cal.App.3d 412, 420.) Here, substantial evidence supports the court’s removal order. As discussed above, the record shows mother has a long history of substance abuse and mental health issues. As a result of those issues, she exposed M.A. to a substantial risk of harm by20

forgoing prenatal car e and using benzodiazepines, marijuana, and psychedelic mushrooms while pregnant. Although mother was somewhat candid about her past drug use and voluntarily participated in services, she continued to insist

— despite overwhelming evidence to the contrary

— s he did not struggle
with substance abuse or mental health issues. Mother also downplayed the extent of her prior substance abuse

— and the risk of harm it posed to M.A.

— by making the preposterous claim that she had not known she was pregnant. On this recor d, the court reasonably could have concluded that, un til mother acknowledge s and addresse s her substance abuse and mental health issues,
there i s a substantial risk to M.A.’s health, safety, and
well

- being while in her custody. (See In re Gabriel K. (201 2)
203 Cal.App.4th 188, 197 [“ [o] ne cannot correct a problem

one fails to acknowledge”].) Mother contends removal was improper because the court could have ordered her to reside with maternal grandparents, who would have ensured M.A.’s safety. Relatedly, mother argues the court failed to comply with section 361, subdivision (e), which

states a juvenile court “shall make a determination as to whether reasonable efforts were made to prevent or to eliminate the need for removal of the minor from his or her home.” We reject both
contentions. Contrary to mother’s suggestions, the court expressly
fo und there were no reasonable means to protect M.A. without removing him from her custody. The court also expressly rejected mother’s argument that ordering her to l i ve with maternal grandparents would be sufficient to protect the child. That
decision is supported by substantial evidence. In arguing otherwise, mother overlooks that she lived with maternal21

grandparents while pregnant with M.A., yet she continued to use drugs and forwent prenatal care. In fact, maternal grandmother admitted giving mother m oney to buy drugs when she was near
full

- term and visibly pregnant. The record also shows mother
continued to breastfeed M.A. after the court had ordered her

not to , and maternal grandparents discouraged father from reporting that fact to the Department

. Given M.A.’s need for

constant care , mother’s wil l in g ness to violate court orders, and maternal grandparents’ inability to control mother’s behavior

, the juvenile court reasonably could have concluded ordering mother to live with maternal gran dparents would not be sufficient to protect the child. Mother relies upon Ashly F

. , supra , 225 Cal.App.4th 803

, to argue the juvenile court failed to consider reasonable means short of removal; however, the case is inapposite. In reversing the disposition order, the Ashly F. court concluded the undisputed evidence contradicted the juvenile court’s finding because “the court was required to ‘consider, as a reasonable means to protect the minor, the option of removing an offending parent

. . . from the home,’ ” and “[n]othing in the record shows that the court considered this option even though the evidence
showed that i t was available

. ” ( Id. at p. 810.) Here, in contrast, the court expressly considered, but rejected, returning M.A. to mother’s custody on the condition that she live with maternal grandparents. As discussed above, that finding is supported by substantia l evidence. Mother’s reliance on In re I.R. (2021) 61 Cal.App.5th 510
is also misplaced. In I.R. , the juvenile court removed the children following an incident of domestic violence between the parents. The Court of Appeal reversed, reasoning there was no longer a22

risk to the children’s safety because the parents had separated and had no plans to reunite. ( Id . at pp. 521

– 522.) Here,
the record supports the court’s finding that mother failed to acknowledge meaningfully, let alone resolve, her substance ab use and mental health issues. Accordingly, the risk to M.A. was still present as of the disposition hearing. Mother alternatively argues the Department failed to comply with rule 5.690(a)(1)(B)( i ) of the California Rules of Court, which requires the Depar tment to include in its report a “discussion of the reasonable efforts made to prevent or eliminate
removal.” We agree with the Department that mother forfeited this issue by failing to raise it below. (See In re M.V. (2014)
225 Cal.App.4th 1495, 1508 [“courts have repeatedly held that

a party ’ s failure to object forfeits appellate review of the adequacy
of

— or the failure to prepare

— mandatory assessment reports
in juvenile proceedings”].) Accordingly, we need not consider mother’s arguments. Reg ardless, even assuming the Department’s report w as insufficient, mother does not identify any reasonable efforts the Department could have taken to prevent removal , other than requiring that she live with maternal grandparents. The court, however, express ly considered

, and properly rejected

, that option

. Under these circumstances

, any failure to comply with California
Rule s of Court, rule 5.690(a)(1)(B)( i ) was harmless

.23 DISPOSITION We dismiss father’s appeal. We affirm the juvenile court’s jurisdiction al findings and disposition al order s as to mother

.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EGERTON, J.

We concur:

ED M O N

, P. J.

LAVIN , J

.