In re Hailey v. CA2/4

Filed 4/18/16 In re Hailey V. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re HAILEY V., B265099 (Los Angeles County a Person Coming Under the Juvenile Court Law. Super. Ct. No. DK07279 )

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

BRAD V.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert S. Draper, Judge. Reversed. Jamie A. Moran, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, Interim County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Kimberly Roura, Deputy County Counsel, for Plaintiff and Respondent.

Brad V. (Father) appeals from an order of the dependency court removing his daughter Hailey from his custody. Father challenges the removal order on the basis that Hailey was not in his custody prior to removal. We conclude that the juvenile court erred in removing Hailey from Father’s custody because she was not residing with him when the dependency petition was initiated. We therefore reverse.

FACTUAL AND PROCEDURAL BACKGROUND1 The Los Angeles County Department of Children and Family Services (DCFS) detained Hailey’s half-sister from Mother in June 2014 for general neglect. Mother was residing in a Regional Center home with a mentor and did not live with Father. Hailey was born in December 2014 and was placed in foster care in January 2015. On January 21, 2015, DCFS filed a petition under Welfare and Institutions Code section 3002 alleging, inter alia, that Mother suffered from “Mild Mental Retardation” and depression, making it difficult for her to care for Hailey and her half-sister. The petition also alleged that Father had made verbal threats to Mother. Mother reported that Father was Hailey’s alleged father. Father asked for a DNA test to determine whether he was Hailey’s father and stated that he would take “full responsibility for providing and caring for” her if he was determined to be the father. The juvenile court ordered a DNA test on