In re K.B. CA2/3

California Court of Appeal Sep 17, 2020 No. B302031Unpublished

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Holding. The juvenile court properly exercised dependency jurisdiction because the mother's violent behavior and alcohol abuse posed a substantial risk of harm to the child, and the court correctly terminated jurisdiction only after ensuring the child's safety in the father's custody.

Issues

Whether the juvenile court abused its discretion by failing to dismiss the dependency petition at the adjudication hearing in favor of family court jurisdiction.
Whether the juvenile court properly exercised dependency jurisdiction over a child when a nonoffending parent was available.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the juvenile court properly took jurisdiction here to protect the child from harm. Then, after finding that K.B. could be safe in father’s physical and legal custody, the court properly terminated its jurisdiction.”

“mother was an offending parent necessitating dependency jurisdiction to protect K.B.”

Filed 9/17/20 In re K.B. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re K.B., a Person Coming Under B302031 the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. AND FAMILY SERVICES, No. 19CCJP05317A)

Plaintiff and Respondent,

AMBER M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Martha A. Matthews, Judge. Affirmed. Donna B. Kaiser, under appointment by the Court of Appeal, for Defendant and Appellant.

Mary C. Wickham, County Counsel, Kristine P. Miles, Assistant County Counsel, and William D. Thetford, Principal Deputy County Counsel, for Plaintiff and Respondent. —————————— Amber M. (mother) appeals from the juvenile court’s order taking jurisdiction over K.B. (age four), granting father sole legal and physical custody, and terminating jurisdiction. She contends that the court should have dismissed the petition at the adjudication hearing because father is nonoffending, with the result that this case belongs in the family court. We disagree and affirm. BACKGROUND Mother drinks a bottle of tequila a day and is belligerent in front of the child. The Department of Children and Family Services (DCFS) filed a petition under Welfare and Institutions Code1 after two separate incidents in which mother fought with elderly and juvenile family members. Mother hit maternal great- grandmother (GGM) and uncle. She attacked 13-year-old aunt by “whaling” on aunt, punching her in the face, pouring beer down her back, and pulling her hair. Mother threw and broke objects in the house. K.B., then three years old, witnessed “everything.” A neighbor called the police and great-uncle tackled mother to the ground. Mother grabbed K.B. and drove away without securing him in a child safety seat. Father does not live with mother. He is stable and employed. During the two years they lived together he and mother drank alcohol, but father has been sober for six years.

In re K.B. CA2/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

AMBER M.,

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