In re K.B. CA2/5

Filed 6/24/21 In re K.B. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re K.B., a Person Coming Under B308059 the Juvenile Court Law. ___________________________________ (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DEPARTMENT OF CHILDREN 18CCJP08103C) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

T.B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Annabelle G. Cortez, Judge. Affirmed. Jack A. Love, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Kimberly Roura, Senior Deputy County Counsel, for Plaintiff and Respondent.

T.B. (Father) and N.C. (Mother) are the parents of a daughter, K.B. (Minor), who was seven weeks old when the Los Angeles County Department of Children and Family Services (the Department) commenced dependency proceedings. The juvenile court found dependency jurisdiction was warranted because Mother had a history of substance abuse and was a current user of methamphetamine and because Father knew of Mother’s substance abuse but failed to protect Minor. Only Father appeals the jurisdiction finding against him and we consider whether Father’s appeal is justiciable in light of the uncontested jurisdiction finding against Mother.

I. BACKGROUND A. The Referral and Minor’s Detention In February 2020, the Department received a referral alleging general neglect of Minor, who was less than a week old at the time. In response, a Department social worker interviewed Mother and Father at their home. Mother admitted to using methamphetamine in the past and to testing positive eight months earlier, but she claimed she had tested negative more recently. Father also admitted to using methamphetamine in the past and to testing positive eight months earlier, but he too denied any recent use. Mother told the social worker that her two older children, who had been removed from her care because of her substance abuse, were scheduled to be reunited with her later that month. Shortly after reuniting with her two older children, however, Mother used methamphetamine while on a trip to the store to purchase baby formula for Minor. Father was upset after learning of Mother’s relapse, but he elected not to immediately