Los Angeles County Department of Children & Family Services v. A.S

Filed 5/15/14 In re J.L. CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT In re J.L., a Person Coming Under the B250566 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK99291) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. A.S., Defendant and Respondent. J.L., Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Robert S. Draper, Judge. Reversed and remanded.

M. Elizabeth Handy, under appointment by the Court of Appeal, for Appellant.

Christopher R. Booth, under appointment by the Court of Appeal, for Defendant and Respondent.

No appearance for Plaintiff and Respondent.

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J.L., who was seven years old when she was detained by the Los Angeles County Department of Children and Family Services in May 2013, appeals the juvenile court’s order declining to assert dependency jurisdiction and dismissing the petition under Welfare and Institutions Code section 300, subdivisions (b) and (d).1 There was substantial, undisputed evidence that J.L.’s mother, who has been in and out of prison throughout the child’s life, left J.L. for two years with relatives who physically and sexually abused her. We conclude the record does not contain substantial evidence to support the order of dismissal, and therefore, we reverse. BACKGROUND Mother was released from prison in November 2012, her latest felony incarceration in a criminal career dating back to 1991. She had left J.L. in the care of J.L.’s maternal cousin, Anthony P., and his girlfriend. Mother testified Anthony was a “second striker” as a result of convictions for terrorist threats he made to loss prevention personnel at a Walmart store where his sister was shoplifting, in an attempt to help her get away. Anthony’s 19-year-old brother, Darnell P., also resided in the home. Anthony and Darnell are mother’s nephews. Mother testified she knew Darnell’s father was a registered sex offender, and his brothers had criminal histories, but she thought Darnell was a “good boy.”2 After her release from prison, mother did not have stable housing and was receiving dialysis for kidney disease, so she continued to leave J.L. in Anthony P.’s home. Some months after her release, on April 18, 2013, during a visit with J.L., mother saw dried blood in her panties. Mother testified J.L. said it was a urine stain, and mother