In re Aaron S. CA2/7

Filed 8/1/16 In re Aaron S. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re AARON S., a Person Coming Under B271391 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK15179)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

CASSANDRA B.,

Defendant and Appellant.

APPEAL from jurisdiction findings and an order of the Superior Court of Los Angeles County, Philip L. Soto, Judge. The oral declaration of jurisdiction findings is reversed. In all other respects the court’s February 24, 2016 findings and orders are affirmed. Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant. Patricia Bell, under appointment by the Court of Appeal, for Aaron S., Minor.

Mary C. Wickham, County Counsel, R. Keith Davis, Acting Assistant County Counsel, Jeanette Cauble, Principal Deputy County Counsel, for Plaintiff and Respondent. ____________________ On January 15, 2016 the Los Angeles County Department of Children and Family Services (Department) filed a juvenile dependency petition pursuant to Welfare and 1 Institutions Code section 300, subdivisions (a) and (b), alleging eight-year-old Aaron S. was at substantial risk of serious physical harm as a result of the conduct of his parents, Cassandra B. and Alfonso S. At a joint jurisdiction and disposition hearing on February 24, 2016, the juvenile court (Hon. Philip L. Soto) sustained counts a-1 and b-3 of the petition, which alleged in identical language, “On a prior occasion, the child Aaron S[.]’s mother, Cassandra [B.] and father, Alfonso S[.], engaged in a violent altercation in which the mother kicked the father in the child’s presence. The mother’s violent conduct endangers the child’s physical health and safety and places the child at risk of serious physical harm, damage and danger.” The court struck counts b-1 and b-2, which contained allegations concerning Cassandra’s purported substance abuse and mental and emotional problems. The court then stated, “We will take jurisdiction over the child. The child is a person described by WIC 300 (a) through (j).” The court removed Aaron from the care and custody of his mother, released Aaron to his father and ordered services for the mother. Cassandra appealed the jurisdiction findings and disposition order, arguing the court erred in describing Aaron as a dependent under section 300, subdivisions (c) through (j)—grounds for dependency jurisdiction that were not alleged by the Department in its petition and for which no evidence was presented at the jurisdiction 2 hearing. Following the filing of Cassandra’s opening brief on appeal, counsel for