In re Samuel S. CA2/1

Filed 1/29/15 In re Samuel S. CA2/1 Opinion following rehearing NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SAMUEL S. et al., Persons Coming B253528 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK01560)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

SOFIA L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Akemi D. Arakaki, Judge. Dismissed. Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent. ——————————

Sofia L. (mother) appeals from an order made at the dispositional hearing removing her children from her care. She contends the juvenile court’s dispositional findings lack sufficient evidentiary support. We dismiss the case as moot. PROCEDURAL AND FACTUAL BACKGROUND On September 30, 2013, Department of Children and Family Services (DCFS) filed a petition under Welfare and Institutions Code section 300,1 subdivisions (a) and (b) on behalf of then three-year-old Samuel S., and his two younger siblings. As ultimately amended and sustained, the petition alleged that the children’s parents engaged in a violent altercation in the presence of one of the children, during which the children’s father (who is not a party to this appeal) struck mother, leaving her with facial bruising, a cut lip, contusions and an abrasion on her arm. Mother was alleged to have put the children at risk by letting father remain in the family home with unlimited access to the children. DCFS reported that at school on September 25, 2013, when asked about his absence on September 23, Samuel S. had replied, “[M]y buba (dad) socked my mommy, chased her, fall over, and I was in the back seat crying.” Mother and the children lived with the maternal grandparents. A social worker visited the home on September 25, 2013. The maternal grandmother said father had also lived in the home until three weeks before, when her husband threw him out. The maternal grandfather had heard Samuel S. shouting, “‘Buba stop stop,’” and when he came to see what was going on, found father on top of mother, hitting her. The grandfather pulled father off of mother and made him leave. The maternal grandmother said the parents had a contentious relationship. Mother was reportedly good with the children, but had a problem controlling her anger. Both parents got aggressive and fought when they drank alcohol. The maternal grandmother said mother and father fought a lot, and the children had been present during incidents of domestic violence. A year earlier, father was arrested after