In re Jacob S. CA2/2

Filed 3/1/21 In re Jacob S. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Jacob S., a Person Coming B308452 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 19CCJP08124)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JOSE V.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Stephen C. Marpet, Judge Pro Tempore. Affirmed and remanded with directions. Janelle B. Price, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, and Stephanie Jo Reagan, Principal Deputy County Counsel, for Plaintiff and Respondent.

In this unopposed appeal, appellant Jose V., biological father of Jacob S., appeals from the juvenile court’s juvenile custody order after termination of dependency jurisdiction on the grounds that it failed to reflect the juvenile court’s oral order that Jose V. continue monitored visits with Jacob. We agree and remand for proceedings in accordance with this opinion. FACTS AND PROCEDURAL HISTORY A detailed recitation of the underlying facts is unnecessary for the determination of this appeal. We summarize the relevant factual and procedural history as follows. Jacob S., born in 2017, is the legal child of married couple Laura S. (mother Laura) and Nery S. (mother Nery). The two mothers broke up and began living separately in 2019, with mother Laura having full custody of Jacob and mother Nery having overnight visits. In June 2019, mother Laura obtained a permanent restraining order against mother Nery for herself and Jacob. On December 12, 2019, the juvenile court granted a request for removal warrant order by the Department of Children and Family Services (Department) to remove Jacob from the care of mother Nery. On December 20, 2019, the Department filed a dependency petition on behalf of Jacob S., identifying his parents as Laura S. and Nery S. The petition alleged that on prior occasions mother Nery was physically violent with mother Laura, that mother Nery endangered Jacob by allowing him to be around an adult companion who had violent behavior and substance and mental health issues, and that mother Nery failed to provide appropriate supervision for Jacob, including leaving him in the care of an unrelated minor who was abusing marijuana. At the detention hearing, the juvenile court declared mother Laura to be Jacob’s presumed mother, detained Jacob from mother Nery, and placed him with mother Laura. Based on mother Nery’s statement of parentage questionnaire, the court found appellant to be an alleged father of Jacob.