In re J.H. CA2/8

Filed 7/12/23 In re J.H. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.H., a Person Coming Under B318348 the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 21CCJP03674A) AND FAMILY SERVICES, Plaintiff and Respondent, v.

Jason H., Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Mary E. Kelly, Judge. Dismissed as moot. Brian Bitker, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Avedis Koutoujian, Deputy County Counsel, for Plaintiff and Respondent. _________________________________

INTRODUCTION Appellant Jason H. (Father) challenges the juvenile court’s jurisdictional and dispositional orders. The juvenile court asserted jurisdiction over J.H. after finding Father had a history of domestic violence with mother that put J.H. at risk of serious physical harm. It also found jurisdiction over J.H. based on T.D.’s (Mother) substance abuse and Father’s failure to protect J.H. Father appealed, contending that the evidence does not support the jurisdictional finding as to his domestic violence history and the dispositional order removing J.H. from his care. While this appeal was pending, the juvenile court returned J.H. to Father. Because Father challenges the jurisdictional order in so far as it impacts the dispositional order removing J.H., we dismiss the appeal as moot.

FACTUAL AND PROCEDURAL BACKGROUND Father is the presumed father of J.H. J.H. was born in 2016. DCFS filed a Welfare and Institutions Code section 300 petition on behalf of four-year-old J.H., alleging under subsections (a) and (b)(1) that Mother and Father had a history of engaging in violent verbal and physical altercations in the presence of J.H. The petition further alleged that Mother had a history of substance abuse including methamphetamine and amphetamine. The petition also alleged that Father failed to protect J.H. from Mother’s substance abuse. The juvenile court then ordered J.H. detained from both parents and granted monitored visitation.