In re Ashly F. CA2/1

Filed 3/28/14 In re Ashly F. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ASHLY F. et al., Persons Coming B250742 Under the Juvenile Court Law.

(Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK98890) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

T.A. ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Carlos E. Vazquez, Judge. Reversed and remanded with directions. Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Tracey F. Dodds, Principal Deputy County Counsel, for Plaintiff and Respondent.

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After a combined jurisdictional and dispositional hearing the juvenile court found jurisdiction over Ashly F. and her sister Cristina F. under Welfare and Institutions Code section 300, subdivisions (a), (b) and (j)1 and ordered the children removed from their home. T.A. (Mother) appeals only the dispositional order. We conclude the evidence does not support the court’s findings that the Department of Children and Family Services made “reasonable efforts” to prevent the children’s removal and that there were no “reasonable means” to protect the children other than removing them from their home. Accordingly, we reverse the dispositional order and remand the cause to the juvenile court for further proceedings in accordance with law. FACTS AND PROCEEDINGS BELOW The family came to the attention of the Department of Children and Family Services (DCFS) when a DCFS worker and a police officer came to the family home in response to a report of suspected child abuse. P.F., the half-sister of Ashly and Cristina, told the worker that Mother had beaten her for stealing a wallet at church. According to P.F., Mother used an extension cord to strike her on her head, face and arms. The worker observed dark bruises under P.F.’s eyes and lateral marks on her upper left arm. P.F. said that Mother often beat her with extension cords, belts and clothes hangers. In this particular incident Mother hit her many times with an extension cord and she fell backward onto her bed. When Mother kept hitting her, and she raised her arms to protect herself, Mother whipped her on the arm. Afterward, P.F. said her head hurt and she was bleeding from the top of her head. Her left eye also hurt and was swollen. Mother did not attempt to administer first aid and when P.F.’s father came home, Mother told him she did not regret “anything I did to her. She deserved it.”