In re A.Y. CA2/5

Filed 4/3/25 In re A.Y. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re A.Y. et al., Persons Coming B333136 Under the Juvenile Court Law. _________________________________ (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DEPARTMENT OF CHILDREN 23CCJP02991A-C) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

G.Y.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Marguerite D. Downing, Judge. Reversed and remanded with directions. Benjamin Ekenes, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Brian Mahler, Deputy County Counsel, for Plaintiff and Respondent.

G.Y. (Father) appeals a juvenile court dependency order and asks this court to strike a sentence in two dependency petition counts alleging he punched one of his children in the chest. As we explain, the issue is moot as to one of the petition counts and, based on the Los Angeles County Department of Children and Family Services’ (the Department’s) concession, we will permit the juvenile court to make the change in the other count.

I The Department filed a seven-count dependency petition concerning Father’s children, A.Y., I.Y., and Y.Y., in September 2023. As filed and in relevant part, the petition alleged in count b-1 that the children were at substantial risk of serious physical harm because Father “physically abused [A.Y.] On 08/16/2023, [Father] struck the child’s chest with [Father’s] fist. On prior occasions, [Father] repeatedly struck the child. Such physical abuse was excessive and caused [A.Y.] unreasonable pain and suffering.” (The italicized language is the language Father asks us to order stricken.) Two other petition counts predicated on different statutory grounds for dependency jurisdiction—Welfare and Institutions Code section 300, subdivisions (a) (substantial risk of serious physical harm inflicted nonaccidentally by a child’s parent) and (j) (risk of abuse or neglect when a sibling has been abused or neglected)—included the same language just quoted in their jurisdictional allegations.1