In re Nathan R. CA2/1

Filed 4/25/16 In re Nathan R. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 NATHAN R. et al., Persons Coming B262775 Under the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DK08161) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

DIANA A.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Timothy Saito, Judge. Reversed. Linda J. Vogel, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Dawyn R. Harrison, Assistant County Counsel, Julia Roberson, Deputy County Counsel, for Plaintiff and Respondent. _______________________________

The juvenile court found Diana A. (mother), who suffered from depression and had used methamphetamines five times, neglected Nathan R., Jonathan R., and Matthew R., ages 8, 7 and 5, respectively, when she attempted to commit suicide by hanging herself in her bedroom while the children and her live-in boyfriend were in another room. The court found mother’s emotional issues, recent use of methamphetamines, and suicide attempt physically endangered the children. It declared them dependants, ordered that they be placed with their father, and terminated jurisdiction. On appeal, mother contends the findings and orders were unsupported by substantial evidence. We agree, because no showing was made that mother’s mental health issues, past drug abuse, or suicide attempt posed a substantial risk of serious physical harm to the children. Accordingly, we reverse. BACKGROUND On October 16, 2014, mother, who suffered from depression, attempted to hang herself in her bedroom in a home she shared with Juan C., her live-in boyfriend. Her three children were asleep in another room. She was found by Juan C. and taken to the hospital in critical condition, where she tested positive for methamphetamines. An investigation by the Department of Children and Family Services (DCFS or the department) revealed the children were “physically healthy, developmentally on target, dressed appropriately in clean clothes, properly groomed, and free of marks/bruises indicative of abuse.” When not in the care of mother or Juan C., the children were cared for by relatives, including their maternal and paternal grandparents. The children reported mother sometimes closed her bedroom door and cried and did not want to eat, but they did not know what drugs were and had not been told mother had attempted suicide. The investigation also revealed that mother and Juan would get mad at each other on occasion, but never engaged in domestic abuse or violence. Mother admitted she had thought about suicide once prior to October 2014, but made no prior attempt. She had been prescribed Zoloft but could not afford to fill the prescription. Mother reported she had smoked marijuana in the past and used methamphetamines five times, always at