In re M.M. CA2/8

Filed 10/22/21 In re M.M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 M.M., a Person Coming B310631 Under the Juvenile Court Law. ______________________________ (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. 19LJJP00244D) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

E.M.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Robin R. Kesler, Juvenile Court Referee. Dismissed in part and affirmed in part. Konrad S. Lee, under appointment by the Court of Appeal, for Defendant and Appellant.

Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Navid Nakhjavani, Principal Deputy County Counsel, for Plaintiff and Respondent. _______________________ The juvenile court asserted jurisdiction over 13-year-old M.M. after his mother tested positive for drugs and was frequently absent from the home. The court placed M.M. with his father, E.M., continued jurisdiction, and ordered services for the father and the mother. The father alone appeals. We dismiss his challenge to jurisdiction as nonjusticiable and otherwise affirm. Statutory references are to the Welfare and Institutions Code. I We summarize the factual and procedural background. A The family has been involved with the Los Angeles County Department of Children and Family Services before. The Department investigated several referrals involving the mother’s children between 2007 and 2017, all of which it deemed unfounded or inconclusive. In 2019, the Department substantiated a general neglect referral that alleged the mother was “deeply addicted” to methamphetamine. The Department found evidence of violence in the family home and of the home lacking utilities. The mother declined to drug test. The mother received voluntary family maintenance services until moving out of Los Angeles County. On November 5, 2020, the Department received a referral alleging the mother was neglecting M.M. and his two younger half brothers, 10-year-old W.R. and five-year-old D.R. The mother and children were living with the maternal grandmother, who told the Department the mother would leave the home for