In re Luis G. CA2/1

Filed 6/2/21 In re Luis G. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re LUIS G., a Person Coming B308362 Under the Juvenile Court Law. _________________________________ (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. 20CCJP02985) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

MICHELLE J.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Tamara Hall, Judge. Appeal dismissed. Lelah S. Fisher, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent. _____________________________

Appellant Michelle J. (Mother) is the mother of Luis G. Mother and Luis’s father, J.G. (Father), lived apart and, sometime prior to May 2020, the parents agreed that Luis would live with Father. On June 2, 2020, the Los Angeles County Department of Children and Family Services (DCFS) filed a petition under Welfare and Institutions Code1 section 300, subdivision (b), alleging that Father’s use of methamphetamine rendered him incapable of providing regular care and supervision of Luis, endangered Luis’s physical health and safety, and placed Luis at risk of serious physical harm and danger. At the detention hearing held on June 5, 2020, DCFS recommended that the court detain Luis in the care of Mother “with an arrangement made by . . . [M]other for the child to stay with the [m]aternal [g]randmother.” The court agreed, directing that Luis be released to Mother, noting that Mother “has made a plan that the child reside with the maternal grandmother and the maternal uncle just because of space limitations.” At the jurisdiction hearing held on October 22, 2020, Father pleaded no contest to the allegation under section 300, subdivision (b)(1), concerning his substance abuse. The court found that Luis is a person described by section 300. The court proceeded to the disposition hearing. Mother requested that the court terminate jurisdiction with a family law order giving sole custody to her. DCFS and counsel for Luis opposed the request. After hearing argument, the court denied the request.