In re Alexa S. CA2/7

Filed 9/13/23 In re Alexa S. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re Alexa S., a Person Coming B316979 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 21CCJP04693A LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JUAN D.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Philip Soto, Judge. Affirmed. Karriem Baker, under appointment for the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Dylan Roy, Senior Deputy County Counsel, for Plaintiff and Respondent. _______________________ The juvenile court removed then-infant Alexa S. from the custody of her father, Juan D., and ordered family enhancement services after it sustained a petition pursuant to Welfare and Institutions Code section 300, former subdivision (b)(1) (failure to 1 protect), finding that Juan had sexually abused Alexa’s mother, Dolores R., when Dolores was 13 years old and Juan was 24 years old, which led to Alexa’s birth and criminal charges against Juan for statutory rape, and that he had violated court orders prohibiting him from contacting Dolores. While acknowledging the undisputed evidence of sexual abuse, Juan contends on appeal there was no evidence Alexa was at any risk of serious physical harm to support the court’s jurisdiction finding and disposition order. Juan’s jurisdiction challenge has been mooted by subsequent events. We affirm the disposition order.

1 The Legislature amended Welfare and Institutions Code section 300, effective January 1, 2023, in part by rewriting subdivision (b)(1), to now specify in separate subparagraphs various ways in which a child may come within the jurisdiction of the juvenile court as a result of the failure or inability of the child’s parent or guardian to adequately supervise or care for the child. Statutory references are to the Welfare and Institutions Code.