In re Audrey C. CA2/3

Filed 10/16/15 In re Audrey C. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re AUDREY C., a Person Coming Under B259904 the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DK03854) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ANA C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Tony L. Richardson, Judge. Reversed and remanded with directions. Neale B. Gold, under appointment by the Court of Appeal, for Defendant and Appellant. Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Kimberly Roura, Deputy County Counsel, for Plaintiff and Respondent. _________________________

INTRODUCTION Ana C. appeals from the disposition order of the juvenile court denying her request to place her six-year-old daughter, Audrey C., in her custody and instead placing the child in the physical custody of the Department of Children and Family Services (the Department). We conclude, although there may be sufficient evidence on this record from which the juvenile court could make the necessary finding by clear and convincing evidence, the court neither indicated which statute it was following, nor made an express finding of detriment as required by the applicable statute, Welfare and Institutions Code section 361.2, subdivision (c).1 Accordingly, we reverse the order and remand the case to the juvenile court. FACTUAL AND PROCEDURAL BACKGROUND 1. The family Mother and father, Christopher C., who is not a party to this appeal, are married but have not lived together in a while. Audrey has lived with her paternal great- grandparents since she was born, and in December 2013, when the Department became involved in this family, father was living there as well. Mother was arrested in July 2013. According to the police report, in December 2007, mother stuck her tongue inside father’s nine-year-old cousin’s mouth. In April 2013, mother committed lewd acts with the cousin, just after the boy’s 15th birthday. Mother was arrested for lewd acts against a child and oral copulation of a child. (Pen. Code, § 288a.) The Department was unable to interview mother or determine the date of her release from jail before the jurisdiction hearing because mother was subject to an immigration hold. Father has problems with anger and a history of drug abuse. He smokes marijuana in front of Audrey, and uses cocaine. Father has a history of arrests for possession of drugs, driving under the influence, domestic violence, and he was convicted of marijuana