In re A.M. CA2/8

Filed 4/5/21 In re A.M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re A.M., a Person Coming B308103 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF Super. Ct. No. 19CCJP02503B) CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ASHLEY M.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Victor G. Viramontes, Judge. Affirmed. Maureen L. Keaney, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent. *********

Mother Ashley M. appeals the juvenile court’s jurisdictional findings for her then four-year-old son, A.M., based on domestic violence between mother and her boyfriend, A.B. Mother does not challenge the sustained jurisdictional finding that she failed to protect A.M. by allowing A.B. to be under the influence of alcohol around her son. Therefore, mother’s jurisdictional challenge is nonjusticiable. Mother also appeals the dispositional order removing A.M. from her care. While this appeal was pending, A.M. was returned to mother with family maintenance services. Therefore, mother’s appeal of the dispositional order is moot. We affirm. BACKGROUND This family came to the attention of the Los Angeles County Department of Children and Family Services in June 2020, only six months after the court had terminated jurisdiction over A.M. in a previous dependency case, with an order granting custody of A.M. to mother. Police had been dispatched to the family home in June 2020 at 5:30 a.m. Mother reported a domestic dispute, claiming to have been “beat up” by A.B. When police attempted to investigate and detained A.B., mother became belligerent, yelling and cursing at responding officers, demanding that A.B. be released, and recanting her report. Mother threatened to shoot and kill police and said she and her boyfriend were gang members. Mother was “aggressive and out of control.” A.B.’s eyes were bloodshot and he smelled of alcohol. Police arrested him for being drunk in public. Mother also appeared to be intoxicated. Mother resisted as officers took her into custody, fighting and spitting on officers and firefighters. She was placed