In re Lily G. CA2/4

Filed 4/26/16 In re Lily G. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 LILY G., a Person Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY B267104 DEPARTMENT OF CHILDREN AND (Los Angeles County FAMILY SERVICES, Super. Ct. No. DK11554)

Plaintiff and Respondent,

v.

FELICIA S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, D. Zeke Zeidler, Judge. Reversed. Donna Balderston Kaiser, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, Mary C. Wickham, County Counsel and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.

Appellant Felicia S. appeals the juvenile court’s jurisdictional finding under Welfare and Institutions Code section 300, subdivision (b) that she and Brian G. endangered their daughter, Lily G., by knowingly living in a room of a house where drug trafficking was taking place.1 Respondent Department of Children and Family Services does not oppose. Finding insufficient evidence to support the jurisdictional finding, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND On May 28, 2015, members of the Los Angeles Sheriff’s Department executed a warrant to search a house on Zola Avenue in Pico Rivera. The search uncovered methamphetamine and two digital scales in a bottom-floor back bedroom, and two bullet-proof vests in an upstairs bedroom.2 The owner of the house, who was a gang member and lived in the upstairs bedroom, told investigators that all the items were hers. She and her boyfriend, a fellow gang member, were arrested, as was the occupant of the bedroom in which the drugs and scales were found. The deputies concluded the house was being used for drug trafficking.3