In re Benjamin T. CA2/7

Filed 5/28/14 In re Benjamin T. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 BENJAMIN T., a Person Coming B247428 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK96907)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JEFFREY T.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sherri Sobel, Juvenile Court Referee. Reversed and remanded. John E. Carlson for Defendant and Appellant Jeffrey T. (Father). M. Elizabeth Handy for Respondent Gina G. (Mother). Karen B. Stalter, under appointment by the Court of Appeal, for Respondent Benjamin T. (Minor). John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Kimberly Roura, Senior Associate County Counsel, for Plaintiff and Respondent.

Appellant Jeffrey T. (Father) and Gina G. (Mother) are the parents of Benjamin T. (born November 2000). Father and Mother are divorced and shared custody of Benjamin. On December 12, 2012, the Department of Children and Family Services (Department) filed a petition pursuant to Welfare and Institutions Code section 300, subdivision (b),1 alleging that Father (1) was under the influence of alcohol while driving Benjamin in the car; (2) fired a gun in his home while Benjamin was present; and (3) abused alcohol and marijuana. An adjudication hearing was held on January 10th and 11th, 2013. After receiving the Department’s reports into evidence and hearing testimony from several witnesses, including Benjamin, the court struck the counts alleged in the petition and amended the petition to add two new counts pursuant to section 300, subdivision (b) and sustained them, removing Benjamin from Father’s custody with monitored visitation. Father appealed from the sustained amended jurisdictional allegations (this case, No. B247428). Mother and Benjamin filed separate respondent’s briefs. The Department filed a letter brief, conceding that the court’s removal order and order sustaining the amended petition were improper. While the matter was on appeal, a contested section 364 hearing was held on December 13, 2013. Mother, Father, and Benjamin testified. At that hearing, the court found “those conditions which would justify the initial assumption of jurisdiction . . . no longer exist.” On December 20, 2013, it terminated jurisdiction and ordered that Mother have primary physical custody of Benjamin with Father to share joint legal custody. After a custody order was issued by the dependency court, Father moved to modify the terms of the order. The termination order was stayed. On February 3, 2014, a modification to the custody order was filed and jurisdiction was terminated. Benjamin appealed the December 20, 2013 termination order on January 7, 2014 (assigned case No. B253800). We sent letters to Benjamin, Mother, Father and the