In re D.V. CA2/8

Filed 8/27/24 In re D.V. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re D.V. et al., Persons Coming B329252 Under the Juvenile Court Law. Los Angeles County LOS ANGELES COUNTY Super. Ct. No. 22CCJP04032A–C DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. VERONICA L., Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Pete R. Navarro, Juvenile Court Referee. Dismissed. David M. Thompson, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Kelly G. Emling, Deputy County Counsel for Plaintiff and Respondent. _______________________

Veronica L. (Mother) challenges the sufficiency of the evidence to support the juvenile court’s jurisdictional findings on a Welfare and Institutions Code1 section 300 petition concerning her three children. We dismiss the appeal as moot. FACTUAL AND PROCEDURAL BACKGROUND Mother and her three children, D.V., J.R., and D.R., lived with the father of two of the children, two of Mother’s adult daughters, and the partner and children of one of the adult daughters. In July 2022, Mother’s adult son overdosed and died at the home. Investigation revealed that one of the adult daughters living in the home, Ashley L., was abusing fentanyl. Fentanyl pills were found in the home within reach of the children. Mother admitted knowing of her adult children’s drug and alcohol abuse. On October 13, 2022, the Los Angeles County Department of Children and Family Services (DCFS) filed a petition alleging the three minor children were subject to juvenile court jurisdiction under section 300, subdivision (b)(1). At the jurisdictional and dispositional hearing in May 2023, Mother asked the court to dismiss the petition because Ashley no longer lived at her house, so the children were no longer at risk of harm. The juvenile court amended and sustained the petition, finding fentanyl pills were accessible to the children in the home and that Mother knew that her adult children were fentanyl abusers but allowed them to live in the residence and have unlimited access to the children, putting the children’s physical health and safety at risk of serious harm. Pursuant to section 360, subdivision (b), the court did not declare the children