In re D.A. CA4/1

Filed 2/7/24 In re D.A. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re D.A., a Person Coming Under the Juvenile Court Law. D082699 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J519699) Plaintiff and Respondent,

v.

D.A.,

Defendant and Appellant,

D.A.,

Respondent.

APPEAL from an order of the Superior Court of San Diego County, Nadia J. Keilani, Judge. Affirmed. Jacob I. Olson, under appointment by the Court of Appeal, for Defendant and Appellant. Jesse McGowan, under appointment by the Court of Appeal, for Respondent.

Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, and Evangelina Woo, Deputy County Counsel, for Plaintiff and Respondent. INTRODUCTION At a contested adjudication and disposition hearing, the juvenile court found minor Do.A. (Minor) came within the jurisdiction of the juvenile court under Welfare and Institutions Code section 300, subdivision (c) as a child suffering, or at risk of suffering, serious emotional damage due to his father’s

conduct.1 Minor does not challenge this finding, but appeals the order because the court denied his request to amend the petition to add an allegation that he was also at substantial risk of suffering serious physical harm under section 300, subdivision (b)(1) due to the failure or inability of father Da.A. (Father) to adequately supervise or protect Minor based on Father’s mental illness and substance use. Assuming, without deciding, Minor states a justiciable claim, we conclude the juvenile court did not abuse its discretion in denying the request to amend the petition. FACTUAL AND PROCEDURAL BACKGROUND A. Family Background Minor first became a dependent of the juvenile court in 2018 based on allegations that Father engaged in a violent confrontation with his girlfriend in the presence of Minor. Father was on probation at the time of this incident