In re D.B. CA2/7

Filed 3/19/14 In re D.B. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re D.B., Jr., a Person Coming Under the B248263 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK97096)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

D.B., Sr.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Terry T. Truong, Juvenile Court Referee. Affirmed. Andre F. F. Toscano, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Peter Ferrera, Senior Deputy County Counsel, for Plaintiff and Respondent. __________

D.B., Sr. (Father) appeals from the juvenile court’s finding and order declaring his then-nine-year-old son, D.B., Jr., a dependent child of the court under Welfare and 1 Institutions Code section 300, subdivision (b), after it sustained an allegation his unresolved history of substance abuse placed his child at substantial risk of serious physical harm. Father acknowledges the juvenile court properly asserted jurisdiction over D.B. based upon findings relating to D.B.’s mother. However, Father asserts the court erred in sustaining the section 300 allegation as to him and urges this court to consider his appeal notwithstanding the objection of the Los Angeles County Department of Children and Family Services (Department) that the issue is moot. We consider Father’s jurisdiction argument on its merits and affirm.

FACTUAL AND PROCEDURAL BACKGROUND 1. The Petition D.B. was detained on December 26, 2012 after the Department filed a section 300 petition alleging D.B.’s mother, Veronica R., physically abused D.B. and failed to protect him and his siblings from physical abuse inflicted by Chris Y., the father of one of D.B.’s siblings, and by another man identified in the petition only as Richard. (§ 300, subds. (a), (b), (j).) The petition also alleged Veronica had an unresolved history of alcohol abuse and had endangered D.B. by driving under the influence of alcohol while he was in the car. (§ 300, subd. (b).) The initial petition did not include any allegations as to Father, D.B.’s noncustodial parent, whose whereabouts were unknown at the time the petition was filed. On February 13, 2013 the Department filed an amended petition restating the allegations as to Veronica and Chris and adding allegations that Father had a history of marijuana and alcohol use and had suffered several prior convictions, including one for driving under the influence of alcohol; and his drug use, criminal history and conduct endangered D.B.’s physical health and well being and placed him at substantial risk of serious physical harm. (§ 300, subd. (b).)