In re Jonathan H. CA2/2

Filed 1/28/21 In re Jonathan H. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re JONATHAN H., a Person B305893 Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 18CCJP07281B)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

WILLIAM H.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Pete R. Navarro, Judge Pro Tempore. Reversed.

Brian Bitker, under appointment by the Court of Appeal, for Defendant and Appellant.

Rodrigo A. Castro-Silva, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.

****** The juvenile court exerted dependency jurisdiction over a 10-year-old boy and removed him from his father because the father would leave the boy with his paternal grandparents “for significant periods [of time] without informing [them] of [father’s] whereabouts.” The court grounded its jurisdiction solely on the statutory provision that requires proof, among other things, that “[t]he child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness.” (Welf. & Inst. 1 Code, § 300, subd. (b)(1).) Because there is no evidence—let alone substantial evidence—that leaving the boy in the care of his paternal grandparents placed him at substantial risk of serious physical harm, we are compelled to reverse the trial court’s exertion of jurisdiction and its consequent removal of the boy from his father’s custody. FACTS AND PROCEDURAL BACKGROUND I. Facts Jonathan H. was born in July 2010. Rhonda K. (mother) is his mother, and William H. (father) is his father. Mother and father married in 2010 and separated in 2015, but are not legally separated. Jonathan has an older half sister by another father.