In re April M. CA2/1

Filed 3/5/14 In re April M. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re APRIL M., a Person Coming Under B250425 the Juvenile Court Law.

(Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK98398) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

MARIA B.-M.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Robert S. Draper, Judge. Reversed. California Appellate Project, Jonathan B. Steiner and Anne E. Fragasso for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent.

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Maria B.-M. (Mother) challenges the jurisdictional order declaring her 16-year-old daughter, April, a dependent child of the court under Welfare and Institutions Code section 300, subdivision (b).1 We conclude that the order is not supported by substantial evidence as to Mother.2 FACTS AND PROCEEDINGS BELOW The combat between April and her parents that led to the jurisdictional finding in this case dates back to at least April 2011, when April locked her younger brother, Daniel, in the laundry room of their home and would not let him out. Daniel smashed a window to escape and his brother was cut by the glass. After Daniel broke out of the laundry room, he and April went to the home of their maternal grandmother. When their parents arrived to bring them home, April resisted. She and her father, Juan M. (Father) fought and April sustained a black eye and other injuries to her face. The family was referred to the Department of Children and Family Services (DCFS) which closed the case after the parents participated in parenting classes and April received behavior therapy once a week at school. After the laundry room incident April’s behavior grew worse. She was frequently truant from school and her grades were D’s and F’s. She yelled, talked back and cursed her parents on a regular basis. Whenever Mother attempted to talk to April about her behavior April would call Mother a “bitch” and say “fuck you.” According to Mother, April “does as she pleases and comes and goes when she wants.” In January 2013, Mother returned home early from work and found April there with three young males during school hours. When April and the men tried to leave, Mother blocked the door.