In re Mason S. CA2/1

Filed 9/24/15 In re Mason S. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 MASON S., a Person Coming Under B260316 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK06888)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

KAREN C. et al.,

Defendants and Appellants.

APPEALS from an order of the Superior Court of Los Angeles County. Connie R. Quinones, Judge. Reversed. Andrea R. St. Julian, under appointment by the Court of Appeal, for Defendant and Appellant Karen C. Donna Balderston Kaiser, under appointment by the Court of Appeal, for Defendant and Appellant Jonathan V. Richard D. Weiss, Chief Deputy County Counsel, Dawyn R. Harrison, Assistant County Counsel, Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.

______ Mother Karen C. and Father Jonathan V. appeal from the order entered after the juvenile court made jurisdictional findings against them under Welfare and Institutions Code section 300, subdivision (b)1, in relation to their son, Mason S. Mother and Father contend that substantial evidence does not support the jurisdictional findings. We agree and reverse the order. FACTUAL AND PROCEDURAL BACKGROUND 1. The Section 300 Petition and Detention On August 4, 2014, the Department of Children and Family Services (DCFS) received a referral alleging emotional abuse of the child by Mother indicating that Mother and Father “were arguing in the car. Once home, [M]other went inside the home and got a hammer and commenced to smashing the car windows. While [M]other was smashing the windows, [F]ather was hit.” (Italics omitted.) Later that day, the social worker interviewed Father (then age 21), who reported that, about 9:30 p.m. on August 2, he, Mother (then age 18) and the child (then age one) “were coming from a friend[’s] house . . . [and] once they came home [M]other took [the child] in the home because he was sleeping. [Father] . . . stayed in the car . . . as he was waiting for a parking spot to become available on the street. . . . [M]other then came back outside and requested for him to come in the home. [Father] . . . told [Mother] that he was not going to come in the home at that time. . . . [T]hey began to argue about that and then the next thing he sees is [M]other busting the car windows with a hammer. . . . [Father] report[ed] that [M]other has never gotten mad to this level before. . . . [Father] reports that he did obtain a cut on his head but . . . did not require medical attention. . . . [A]s he was putting plastic over his windows the police came. . . . [The child] did not witness the windows being broken but during the course of the commotion . . . he did wake up. . . . [Father] stated that he loves [M]other and wants to be in a relationship with her and he does not know what [set] her off in this manner. . . . [M]other was arrested on