In re Angelina E.

— T.E. (Mother) appeals from orders terminating reunification services, denying her Welfare and Institutions Code section 388 petition, and terminating her parental rights. 1 We affirm.

*585 BACKGROUND *

Referee Valerie Skeba terminated reunification services by order dated December 3, 2012. Thereafter, Commissioner Emma Castro became the judicial officer presiding. In her order of December 5, 2013, Commissioner Castro denied Mother’s petition under section 388 for an evidentiary hearing and terminated Mother’s parental rights pursuant to section 366.26.

Mother filed a timely notice of appeal from Commissioner Castro’s December 5, 2013 orders. * 2 Mother makes no argument regarding those orders, instead arguing only that the order denying her section 388 petition should be reversed because the juvenile court erred in not holding an evidentiary hearing and in failing to order the evaluation of an alternative placement for the minor.

In supplemental briefing, the parties and the superior court addressed Mother’s contention that Commissioner Castro was not authorized to act as a referee conducting juvenile court proceedings and therefore her orders denying Mother’s…

Concurring. — I agree with the majority’s conclusion that Commissioner Emma Castro was authorized to hear cases as a referee when she issued the minute order on December 2013, but I disagree with the majority’s analysis. The 2001 order cross-assigns each subordinate judicial officer (such as a commissioner) to exercise the powers and perform the duties of any other type of subordinate judicial officer (such as a referee), with the proviso that such cross-assignment is subject to the subordinate judicial officer being qualified and trained for the cross-assignment. The majority, however, glosses over any requirement of subsequent action by the court to verify that an individual commissioner is qualified to be cross-assigned, despite the court’s practice of issuing annual orders appointing named commissioners as referees. Further, the majority curiously discards as “irrelevant” the order assigning Commissioner Castro to preside in juvenile court and appointing her a temporary judge (of which we took judicial notice at the superior court’s request), and the order assigning cases to her for all purposes including trial. This reasoning effectively dispenses with the 2001 order’s…

BACKGROUND

[The following portion of the Background section is deleted from publication.] On January 20, 2012, the Los Angeles County Department of Children and Family Services (DCFS) filed a petition under section 300, subdivisions (b) and (j). The petition stated that Mother was incarcerated when she gave birth to Angelina E. in January 2012. The father was unknown, and Angelina was detained and in foster care. Mother was a registered controlled substance abuser, tested positive for methamphetamine on May 4, 2012, and was in prison for burglary at the time of the petition. DCFS alleged that Mother’s substance abuse placed Angelina at risk of harm, and as a result of Mother’s history of illicit drug use, her two older children (with a different father) were current dependents. The day after Angelina was born, Mother “stated that she believes her cousin[] Latisha will take good care of her daughter.” The court detained Angelina after a hearing and gave DCFS discretion to release the baby to any appropriate relative, ordering monitored visits for Mother if she was not under the influence.

Undesignated statutory references are to the Welfare and Institutions Code.

2 The March…