In re Journie J. CA2/2

California Court of Appeal Jul 19, 2023 No. B319867Unpublished

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Holding. The court held that substantial evidence supported the juvenile court's jurisdictional findings because the mother's decision to drive under the influence of alcohol and psychotropic medication while transporting her young child created a substantial risk of serious physical harm. Furthermore, the court held that the mother waived her challenge to the jurisdictional finding under Welfare and Institutions Code section 300, subdivision (j) by failing to address it in her opening brief.

Issues

Whether the mother's arrest for driving under the influence of alcohol while transporting her child constitutes sufficient evidence to establish dependency jurisdiction.
Whether the mother waived her challenge to the jurisdictional order by failing to address the alternative basis for jurisdiction under section 300, subdivision (j).

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Since substantial evidence supports the finding that mother’s conduct created a risk of harm to the children, we affirm.”

“As long as there is one unassailable jurisdictional finding, it is immaterial that another might be inappropriate.”

Filed 7/19/23 In re Journie J. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re JOURNIE J. et al., B319867 Persons Coming Under the (Los Angeles County Juvenile Court Law. Super. Ct. No. 22CCJP00777A-B)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

E.J.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Tamara Hall, Judge. Affirmed. Christopher R. Booth, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Sally Son, Deputy County Counsel, for Plaintiff and Respondent.

****** E.J. (mother) appeals from the jurisdictional order that resulted in the detention of Journie J. (born November 2009) and Jourdan J. (born April 2019). Mother argues her arrest for driving under the influence of alcohol (DUI) is not a sufficient basis for dependency jurisdiction over her children. Since substantial evidence supports the finding that mother’s conduct created a risk of harm to the children, we affirm.

FACTUAL BACKGROUND Arrest, investigation, and petition On December 26, 2022, mother entered a sobriety checkpoint with Jourdan in the vehicle. Field sobriety tests were administered, revealing mother’s blood alcohol level to be 0.08 percent on the first test and 0.09 percent on the second test. Consequently, mother was arrested for driving under the influence of alcohol, in violation of Vehicle Code section 23152. An officer from the Los Angeles Police Department contacted the Los Angeles County Department of Children and Family Services (DCFS) to advise that Jourdan was in police custody. A social worker from DCFS arrived and assessed Jourdan to be happy and in good physical health. The social worker interviewed Jourdan’s maternal grandmother, who was also at the police station. According to maternal grandmother, she had taken care of Jourdan earlier

In re Journie J. CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

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