In re B.A. CA2/8

Filed 3/9/22 In re B.A. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 B.A., a Person Coming B313235 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 21CCJP00431A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

R.A.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Martha A. Matthews, Judge. Affirmed. Suzanne Davidson, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Veronica Randazzo, Deputy County Counsel, for Plaintiff and Respondent.

**********

Father R.A. appeals the court’s jurisdictional finding based on his marijuana abuse. He does not challenge the other sustained findings based on mother’s violent conduct or the history of domestic violence between mother and father. Father also does not challenge the court’s dispositional orders. Finding father’s appellate challenge is nonjusticiable, we affirm. FACTUAL AND PROCEDURAL BACKGROUND This family came to the attention of the Los Angeles County Department of Children and Family Services (Department) in January 2021, following a domestic violence incident between mother and father. Mother and father had argued, and when mother tried to leave with newborn B.A., father restrained her, causing injuries to her arms. Mother’s friend called police, and father was arrested. Responding officers saw a bong in the family home. Father bailed out of jail, and told the social worker mother was the aggressor, and that there was a history of mother making violent attacks against him. He did not know where mother and the baby were. The family lived with paternal family members, but mother had not returned home following the referral incident. Father intended to seek custody of B.A., believing mother was unstable and incapable of caring for her. Mother admitted to a history of violent disputes with father and maternal grandmother. She also reported that father smokes a lot of marijuana and it affects his judgment. He even had marijuana delivered to the hospital when B.A. was born. Mother also reported that paternal family members were “open to marijuana” and it was all over their home. At the February 2, 2021 detention hearing, the court allowed B.A. to remain in mother’s care, and the court ordered