In re Isaiah v. CA2/1

Filed 3/23/16 In re Isaiah V. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ISAIAH V., a Person Coming Under B267581 the Juvenile Court Law. ___________________________________ (Los Angeles County Super. Ct. No. DK10590) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JOSE V.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Los Angeles County. Debra Losnick, Commissioner. Reversed and remanded. Valerie N. Lankford, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, R. Keith Davis, Acting Assistant County Counsel, and Jeanette Cauble, Principal Deputy County Counsel, for Plaintiff and Respondent. __________

Jose (Father) appeals from the juvenile court’s jurisdictional and dispositional orders regarding his son, Isaiah. Father argues that substantial evidence does not support the jurisdictional finding and that, as a noncustodial parent, he was entitled to placement consideration under Welfare and Institutions Code section 361.2.1 Because the record contains no evidence that Father placed Isaiah at risk of serious physical harm, the jurisdictional order is reversed. Because Father is Isaiah’s noncustodial parent, we remand the case to the juvenile court to hold a disposition hearing regarding Isaiah’s placement with Father under section 361.2. FACTS AND PROCEEDING BELOW On March 19, 2015, the Department of Children and Family Services (DCFS) received a referral alleging severe neglect and emotional abuse of Isaiah (age 6) by his mother, Sylvia (Mother).2 At the time, Isaiah lived with Mother, her two adult children and a family friend. Mother reported that Father was in prison. Mother and Father were living together at the time of Isaiah’s conception and birth, but ended their relationship in 2013. Father had two older children who lived with their paternal grandmother under legal guardianship. On March 30, 2015, DCFS filed a dependency petition pursuant to section 300, subdivision (b) alleging that Mother failed to protect Isaiah by creating an unsafe, dangerous and detrimental home environment. At a detention hearing the same day, the court ordered the removal of Isaiah from Mother and placed him with his paternal grandmother. On May 5, 2015, the social worker interviewed Father by telephone. Father reported that all his criminal history involved drug sales but not consumption, and, although he was not a drug addict or drug user, he was willing to attend a drug treatment program because he wanted to gain custody of Isaiah. Father admitted a domestic