In re A.A. CA2/8

Filed 4/13/22 In re A.A. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.A., a Person Coming B312228 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 20CCJP06714A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

D.A.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Martha Matthews, Judge. Affirmed. Linda J. Vogel, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Jane Kwon, Principal Deputy County Counsel, for Plaintiff and Respondent.

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Father D.A. appeals the court’s jurisdictional findings based on his conduct but does not challenge the findings as to mother. Father also argues the court’s dispositional order requiring him to drug test is not supported by substantial evidence. We find father’s appellate challenge is nonjusticiable, and substantial evidence supports the court’s the dispositional order. 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 December 2020, after mother drove with four- year-old A.A. to the police station, looking for information about domestic violence shelters due to domestic violence with father. Mother appeared to be under the influence of drugs, and she was arrested. Maternal grandparents took custody of A.A. because police could not reach father. Police had received many domestic disturbance calls at the family home. Mother had been arrested in May 2020 for domestic violence against father. In October 2020, father was arrested for felony battery against mother’s boyfriend, who lived next door to the family. Mother and father were married, but their marriage was strained because mother was having an affair with their neighbor. Mother has an extensive history of substance abuse and had recently relapsed, using methamphetamine for the past year. Three days earlier, mother took A.A. to the neighbor’s house and would not allow father to see him. Father obtained “emergency custody” paperwork that he intended to file in family court. Mother and father had agreed to get a divorce.