In re K.H. CA2/5

Filed 11/22/22 In re K.H. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.H., a Person Coming B315003 Under the Juvenile Court Law. _______________________________ (Los Angeles County Super. LOS ANGELES COUNTY Ct. No. 21CCJP02102A) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

G.R. et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Robin Kesler, Juvenile Court Referee. Reversed and remanded with directions. Elizabeth C. Alexander, under appointment by the Court of Appeal, for Defendant and Appellant G.R. Anne E. Fragasso, under appointment by the Court of Appeal, for Defendant and Appellant J.H. No appearance for Plaintiff and Respondent. ___________________________

In 2017, the juvenile court terminated jurisdiction over daughter with an order giving mother full custody and father monitored visitation. In 2021, the juvenile court sustained a section 300, subdivision (b) allegation, finding daughter at risk of serious harm based on the parents’ failure to comply with certain aspects of the 2017 order. Rather than assume jurisdiction over daughter, the court ordered informal supervision pursuant to Welfare and Institutions Code section 360, subdivision (b).1 The parents appeal from this informal supervision order, which placed daughter in “home-of-parents.” They argue the juvenile court should have issued a modified custody order that conformed with its home-of-parents disposition. The Los Angeles County Department of Children and Family Services (DCFS) does not take a position on the appeal.2 We reverse and remand for further proceedings addressing the 2017 and 2021 orders. FACTUAL AND PROCEDURAL BACKGROUND 1. Dependency History In 2016, the juvenile court sustained a section 300 petition alleging that father had physical altercations with mother and a