In re Joaquin C.

Filed 9/1/17; Certified for Publication 9/20/17 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN In re JOAQUIN C., a Person B277434 Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK18273) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Respondent, v. VERONICA C. et al., Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County. Philip L. Soto, Judge. Reversed. Christy C. Peterson, under appointment by the Court of Appeal, for Appellant Veronica C. Karen B. Stalter, under appointment by the Court of Appeal, for Appellant Joaquin C. Mary C. Wickham, County Counsel, R. Keith Davis, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel for Plaintiff and Respondent. _______________________

Veronica C. and her son Joaquin C. appeal the juvenile court’s assertion of jurisdiction over Joaquin C. under Welfare and Institutions Code1 section 300, subdivision (b) and his removal from her custody. We conclude that the Department of Children and Family Services failed to meet its burden of proof to demonstrate by a preponderance of the evidence that Veronica C. had failed to adequately supervise or protect Joaquin C.; to provide him with adequate food, clothing, shelter, or medical treatment; or to provide regular care for him. The juvenile court’s finding that Joaquin C. comes within the court’s jurisdiction is not supported by substantial evidence. We vacate the court’s jurisdictional finding and reverse the dispositional order.

FACTUAL AND PROCEDURAL BACKGROUND

Veronica C. has a mental illness described in the record as “Psychosis vs. Schizophrenia, paranoid type.” She gave birth to Joaquin C. in January 2016, and within a week a referral was made to DCFS alleging that she was emotionally abusing her infant son by displaying “paranoid, defensive and delusional thoughts.” DCFS detained Joaquin C. from Veronica C. on July 7, 2016, and on July 29, 2016, the juvenile court declared him a dependent child of the court, under section 300, subdivision (b) (failure to protect).

1 Unless otherwise indicated, all further statutory references are to the Welfare and Institutions Code.

2

A. Information in the Detention Report

The emergency social worker initially assigned to the case was Adriana Banuelos. Upon investigation, Banuelos found that Veronica C. lived with her mother, Olivia M.; her sister, Patricia C.; and Patricia C.’s four children. The family lived in a clean, organized house with three bedrooms and one bathroom. The utilities worked appropriately, and the family had sufficient food. Veronica C.’s bedroom was “clean and well organized,” and suitably furnished. Joaquin was appropriately dressed and groomed. He had no marks or bruises, and he was in good health. Banuelos wrote that Joaquin C. “appeared well taken care of. [I] observed mother to be very attentive and caring toward Joaquin. Mother breast fed him three times during the home visit, changed his diaper and put him to sleep. Joaquin appeared to be a happy baby and did not cry at all during the visit and slept on and off. Mother and Joaquin appeared bonded.” Veronica C. assured Banuelos she and the baby were safe in her mother’s home. She told DCFS she “has plenty of support in the home” and denied any domestic violence, physical abuse, neglect, sexual abuse, or substance abuse. Veronica C. was “polite, cooperative, and coherent,” although it was evident that she did not trust the social worker. Her distrust was at least in part due to a prior interaction with DCFS. In 2015, DCFS enforced an out-of-state custody order and took three of Veronica C.’s children away from her, returning them to their father and her ex-husband Mauricio P. in