In re Kevin A. CA2/1

Filed 7/23/14 In re Kevin A. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 KEVIN A. et al., Persons Coming B252467 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK81191)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

PEARL G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Margaret S. Henry, Judge. Reversed. Kimberly A. Knill, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent. ___________________

Pearl G. (Mother) appeals from the juvenile court’s October 3, 2013 jurisdictional order adjudging 13-year-old Kevin A. and five-year-old Joseph A. dependents of the court pursuant to Welfare and Institutions Code section 300, subdivision (b) (failure to protect).1 B.A. (Father) is not a party to the appeal. We agree with Mother that there was no substantial evidence other than current drug use to support the juvenile court’s jurisdictional findings or orders, and therefore reverse. BACKGROUND A. The initial referral and investigation In July 2013, DCFS received a referral in which an unknown person alleged that Mother left the minors home alone for days, possibly without provisions. Also, Mother and her adult daughter, Amanda M., allegedly smoked “‘crystal meth’ together all the time.” Mother, her roommate Karen P., Joseph, and Kevin, denied to DCFS that Mother used drugs, left the minors unsupervised, or left the home for long periods of time. Mother stated she left the minors in the care of her roommate Karen or Father, who lived elsewhere. Kevin denied he was ever left to babysit Joseph or that Mother left the home for extended periods of time. The minors felt safe with Mother and Father and liked being with them. Mother also denied she used drugs with Amanda. Father denied Mother used illegal drugs, made inappropriate arrangements for the minors’ care, or left the home for extended periods of time. Mother and Karen agreed to participate in an on-demand drug test on August 7, 2013, but failed to show. Subsequently, Mother completed a drug test on August 16, 2013, with positive results for methamphetamine. Mother then admitted to DCFS she had consumed methamphetamine “four separate times while ‘out at social events with friends.’” She said that the minors were in the care of Father on those occasions, she had never consumed drugs inside the home, and had never had the minors in her care while she was under the influence of methamphetamines. Mother denied having any substance