In re Tony A. CA2/7

Filed 8/22/16 In re Tony A. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TONY A., a Person Coming Under B268843 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK13147)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JESSICA H.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Nichelle Blackwell, Juvenile Court Referee. Reversed. Amy Z. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, R. Keith Davis, Acting Assistant County Counsel, and Peter Ferrera, Principal Deputy County Counsel, for Plaintiff and Respondent. ________________________

Jessica H. appeals from the jurisdiction finding and disposition order declaring her then three-year-old son, Tony A., a dependent of the juvenile court and removing him from her custody after the court sustained a petition pursuant to Welfare and Institutions Code section 300, subdivision (b),1 alleging Jessica had endangered Tony’s physical health and safety by possessing heroin while he was in her care. We reverse. FACTUAL AND PROCEDURAL BACKGROUND On August 30, 2015 Jessica took Tony to the state prison in Lancaster to visit her boyfriend, Victor D. While Tony was in the play area, Jessica was observed placing something in a candy bag and passing it to Victor, who poured it into his mouth and drank water. As Jessica was putting more items into the candy bag, correctional officers approached, handcuffed Victor and demanded Jessica turn over the bag. Five small packets of heroin were found in the bag, and two packets were later recovered from Victor. Jessica was arrested for offenses including introducing a controlled substance into a prison (Pen. Code, § 4573.6). Correctional officers contacted the Los Angeles County Department of Children and Family Services (Department) when they were unable to reach Tony’s maternal grandmother or maternal uncle, whose names Jessica had provided. Tony was taken into protective custody. The Department filed a section 300 petition on September 2, 2015 containing a single count under subdivision (b). The petition alleged, “On 08/30/2015, the child [Tony A.’s] mother, Jessica [H.], placed the child in a detrimental and endangering situation in that the mother possessed heroin on her person, while the child was in the mother’s care and supervision. On 08/30/2015, the mother was arrested for Possess Controlled Substance/Etc. in Prison. Such a detrimental and endangering situation established for the child by the mother endangers the child’s physical health and safety, and places the child at risk of serious physical harm, damage and danger.”