In re Julien H.

Filed 10/4/16 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

In re JULIEN H., a Person Coming Under B267953 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK11981)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JACOB M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Annabelle Cortez, Judge. Affirmed and remanded with directions.

Matthew J. Hardy, under appointment by the Court of Appeal, for Defendant and Appellant.

Mary C. Wickham, County Counsel, R. Keith Davis, Acting Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent.

Jacob M., father (Father) of Julien H. appeals from a dispositional order relating to Father made pursuant to Welfare and Institutions Code section 361, subdivision (c)(1).1 Father contends that section 361, subdivision (c)(1) applies only to a parent with whom a child resides, and because Julien did not reside with Father, the court had no authority under that section to make the orders restricting his rights to Julien. Father also contends that the error was prejudicial because no other authority supports the court’s order. We agree with Father that section 361, subdivision (c) does not apply but we conclude that Father has failed to demonstrate prejudice. Consequently, we affirm but remand with directions. FACTUAL AND PROCEDURAL BACKGROUND Julien (born in 2010) lived with his mother, Janelle H.,2 and had weekend visits with Father. The parents were never married, and the family never lived together. In February 2015, DCFS received an anonymous referral indicating that the mother regularly left Julien for several days a week with his grandmother who smoked cigarettes in the child’s presence, left prescription medicine accessible to him and allowed him to eat candy. The report also indicated that Julien’s mother did not provide him with proper dental or medical care. When the social worker responded to the mother’s home, she denied the allegations, and she reported problems with Father’s violent and angry behavior, including that he abused drugs and alcohol and suffered from mental health problems. The mother also told the social worker that Father had a pending child abuse referral involving Julien’s half-sibling (M.) based on Father’s arrest for felony driving under the influence while M. was a passenger in his car and that Father caused an automobile accident in which M. was injured. The mother also indicated that police had responded to her home several times because of Father’s actions, including once when Father