In re D.B. CA2/3

Filed 3/22/16 In re D.B. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.B., a Person Coming Under the B263821 Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DK08033) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

DEVON B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, D. Zeke Zeidler, Judge. Reversed and remanded with directions. Denise M. Hippach, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent. _________________________

INTRODUCTION

Father and appellant Devon B. appeals from a removal order under Welfare and Institutions Code section 361, subdivision (c).1 Because the child, D.B., was not residing with father, the court erred by removing her from father’s custody under that section. We therefore reverse the order and remand. FACTUAL AND PROCEDURAL BACKGROUND In October 2014, D.B. came to the attention of the Department of Children and Family Services (the Department) based on reports her mother’s boyfriend abused mother and D.B., dealt and used drugs in D.B.’s presence, and that marijuana was found in D.B.’s backpack at school. The Department therefore filed a petition under section 300 alleging D.B. was at risk of serious physical harm and a failure to protect (§ 300, subds. (a), (b)). The juvenile court ordered D.B. to be detained and the Department to conduct a due diligence search for father, Devon. The Department located father, who had been deported to Jamaica. Father was arrested in September 2006 for possession of marijuana for sale and again in August 2009 for selling/furnishing marijuana/hash, for which he was sentenced to three years in prison. Father reported that he had been sentenced to five years six months to a halfway house for his marijuana possession. He denied using marijuana and being ordered to receive drug treatment. At the time of his crime, father was a taxi driver, “and he would transport his people from Jamaica to get marijuana.” Father last spoke to D.B. in 2013. Father was trying to get a visa to return to the United States. He wanted D.B. placed with his sister in New York. The Department filed a first amended petition in January 2015. It alleged that father’s history of using and selling marijuana/hash, which led to his extradition, created a detrimental home environment for D.B., led to a failure to protect, and placed her at risk of physical harm.