In re L.W. CA2/4

Filed 1/28/21 In re L.W. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re L.W., a Person Coming B305049 Under the Juvenile Court Law. (Los Angeles County Super. Ct. Nos. 20CCJP00208, 20CCJP00208A) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

M.W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sabina A. Helton, Judge. Dismissed. John P. McCurley, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.

Mother M.W. appeals from the juvenile court order establishing jurisdiction over her son, L., pursuant to Welfare and Institutions Code section 300.1 Mother contends that there was insufficient evidence to establish that L. was at risk of harm. However, after the juvenile court removed L. from mother’s custody at the dispositional hearing, mother absconded with L. to Mexico. We conclude that under the disentitlement doctrine, mother may not obtain review of the juvenile court’s order and at the same time be in contempt of the very order from which she appeals. We therefore dismiss the appeal. BACKGROUND Petition and Detention Report Mother and father, A.Z., have one child together, L., born in 2008.2 Prior to the incident at issue, mother had full custody of L. and father lived in Mexico. On November 21, 2019, the Los Angeles County Department of Children and Family Services (DCFS) received a referral regarding a domestic violence incident between mother and her boyfriend. The reporting party stated that on November 19, 2019, mother drank a bottle of wine and then got into a physical altercation with her boyfriend while L. (then 11 years old) was sleeping in the home. The police reported damage and broken items throughout the home. Mother’s boyfriend told police that during the fight she bit him on the forearm and kicked him.

1All further statutory references are to the Welfare and Institutions Code unless otherwise indicated. 2Father is not a party to this appeal.