In re Ashley B. CA2/7

Filed 5/12/14 In re Ashley B. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ASHLEY B., a Person Coming Under B251692 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK98976)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

J.L. et al,

Defendants and Appellants.

APPEALS from an order of the Superior Court of Los Angeles County, Stephen Marpet, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) As to J.L. the appeal is dismissed as moot. As to William B., the appeal is dismissed. Nicole Williams, under appointment by the Court of Appeal, for Defendant and Appellant J.L. Amy Z. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant William B. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Peter Ferrera, Principal Deputy County Counsel, for Plaintiff and Respondent.

J.L. is the mother of Michel C. and Ashley B. Her husband, William B., is Ashley’s presumed father. The juvenile court declared both children dependents of the court, removed Michel from J.L.’s care and custody and placed her under the supervision of the Los Angeles County Department of Children and Family Services (Department) for suitable placement, and removed Ashley from William’s care and custody and placed her with J.L. under the supervision of the Department on condition William no longer reside in the family home. J.L. does not contest the findings and order as to Michel, who is now 18 years old. However, both J.L. and William appeal from the findings and order declaring Ashley a dependent child of the court. We dismiss William’s appeal pursuant to In re Phoenix H. (2009) 47 Cal.4th 835 (Phoenix H.) and dismiss J.L.’s appeal as moot. FACTUAL AND PROCEDURAL BACKGROUND 1. The Initial Petition On April 12, 2013 the Department filed a section 3001 petition as to Michel, then 17 years old, and Ashley, then 11 years old, alleging J.L. had physically and emotionally abused Michel and, since December 2012, had excluded Michel from the family home without making a plan for her care and supervision. The petition alleged J.L.’s conduct also placed Ashley at substantial risk of physical harm. Following a detention hearing, Michel was detained; Ashley was released to J.L. and William. 2. The Amended Petition Adding Allegations Relating to William’s Sexual Abuse On July 2, 2013 the Department filed an ex parte application pursuant to section 385 seeking to detain Ashley from William after social workers learned of allegations William had sexually abused Ashley’s adult sister, Nelly M., when Nelly was a minor, and had behaved inappropriately and in a sexual manner toward his step daughter Michel. Pursuant to the Department’s recommendation, the court ordered Ashley detained from William and released to J.L. provided William not reside in the family home.