In re E.F. CA2/4

Filed 12/2/24 In re E.F. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re E. F., a Person Coming B328574 Under the Juvenile Court Law. (Los Angeles County Super. Ct. Nos. 23LJJP00049, 23LJJP00049A) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

V. M.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Debra L. Gonzales, Judge Pro Tempore. Dismissed Benjamin Ekenes, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, Veronica Randazzo, Deputy County Counsel, for Plaintiff and Respondent.

Mother V.M. challenges the juvenile court’s jurisdictional findings over her son, E.F., made under Welfare and Institutions Code section 300, subdivision (b)(1).1 After mother’s appeal was filed, the juvenile court terminated jurisdiction and issued an exit order granting mother and father J.F. joint legal and physical custody of E.F. Mother did not appeal the latter order, and there is no effective relief that can be granted. We decline to exercise our inherent discretion to reach the merits and accordingly dismiss the appeal as moot. FACTUAL AND PROCEDURAL BACKGROUND Mother and father are the parents of E.F., who was born in December 2021. On December 30, 2022, father was arrested for domestic battery (Pen. Code, § 243, subd. (e)(1)) for allegedly slapping or pushing mother during an argument in a restaurant parking lot. The same day, mother was arrested for driving under the influence (Veh. Code, § 23152) and child endangerment (Pen. Code, § 273a, subd. (a)) for allegedly driving while intoxicated. E.F. was in the car, which mother crashed into a

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

2

median and road signs. E.F. was released to maternal aunt after being evaluated at the hospital. He was uninjured. The Los Angeles County Department of Children and Family Services (DCFS) investigated the incidents, which parents denied. The investigation revealed that parents engaged in a domestic incident in November 2022 and both had previous misdemeanor convictions for driving under the influence. Parents agreed to live apart while the matter was pending and were receptive to participating in services. DCFS noted that parents seemed remorseful notwithstanding their denials. On February 7, 2023, DCFS filed a dependency petition under section 300, subdivisions (a) and (b)(1). It alleged E.F. was at risk due to parents’ domestic violence (counts a-1, b-1), mother’s untreated emotional problems and father’s failure to protect (count b-2), mother’s substance abuse (count b-3), mother’s driving under the influence (count b-4), father’s driving under the influence (count b-5), and father’s substance abuse (count b-6). DCFS did not detain E.F., who remained released to both parents. At the initial hearing on February 7, 2023, parents entered general denials to the allegations and reported they were participating in services. The juvenile court found there was a prima facie case that E.F. was a person described by section 300, but services could prevent his detention. It ordered E.F. to remain released to both parents, ordered DCFS to make appropriate referrals, and set the adjudication hearing for April 13, 2023. DCFS prepared a jurisdiction/disposition report in advance of the adjudication hearing. E.F. showed no signs of abuse or neglect and both parents’ homes were appropriate. Mother refused to answer the dependency investigator’s questions about the allegations; she referred the investigator to counsel. Father