In re D.L.

Filed 5/3/18 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

In re D.L., a Person Coming Under B284646 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK22283)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ANGELINA A.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Marguerite D. Downing, Judge. Reversed in part and affirmed in part. Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant.

Mary C. Wickham, County Counsel, R. Keith Davis, Assistant County Counsel, Jeanette Cauble, Deputy County Counsel, for Plaintiff and Respondent. _______________________________ In February 2017, a loaded gun was found in an unlocked closet in a bedroom where two-year-old D.L. slept. In May 2017, the juvenile court determined that the parents’ indifference to the risks posed by leaving a loaded gun in the child’s reach presented an ongoing risk of danger to the child. The court declared the child a dependent of the court and placed her in the home of her mother, with her father having monitored visitation. We conclude the juvenile court’s jurisdictional finding as to mother regarding ongoing risk was not supported by substantial evidence. We affirm the court’s order in all other respects. BACKGROUND On February 9, 2017, Eli L. (father) was arrested for carrying a loaded firearm in public. On February 21, 2017, the Department of Children and Family Services (DCFS) received an anonymous referral indicating police had found a loaded rifle, bulletproof vest, gun parts, and ammunition in an unlocked bedroom closet in a home where two-year-old D.L. resided. The items were confiscated and removed from the home, but DCFS later verified that the gun and ammunition had been present. A detective familiar with father’s criminal case told DCFS that father was affiliated with a criminal street gang. A social worker interviewed Angelina A. (mother), who stated that she never saw guns, gun parts, ammunition, or a bulletproof vest in the home, and had never seen father with any guns in his possession. Mother advised the social worker that