In re E.B. CA2/1

Filed 3/22/24 In re E.B. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re E.B., B330316

a Person Coming Under the (Los Angeles County Juvenile Court Law. Super. Ct. No. 23CCJP00854)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

ALEXIS S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Pete R. Navarro, Judge Pro Tempore. Dismissed.

Sara R. Peters, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, Peter Ferrera, Principal Deputy County Counsel, for Plaintiff and Respondent. __________________________

MEMORANDUM OPINION As this appeal is determined by a controlling decision of our Supreme Court, In re D.P. (2023) 14 Cal.5th 266, we decide it by memorandum disposition. (Cal. Stds. Jud. Admin., § 8.1.) Alexis S. (Mother) appeals from the summary denial of her petition pursuant to Welfare and Institutions Code1 section 388 to modify certain dispositional orders. On April 21, 2023, the juvenile court asserted jurisdiction over Mother’s daughter E.B. based on domestic violence between Mother and Brandon B. (Father), and drug use by Mother and Father. That same day, the court made dispositional orders that included removal of E.B. from both parents, Mother having supervised visitation two times a week for three hours per visit, and Mother’s participation in a drug treatment program. Mother filed a section 388 petition approximately six weeks later, on June 1, 2023, arguing changed circumstances supported returning E.B. to parental custody or liberalized visitation, and removing the requirement that Mother attend a drug treatment program. The court summarily denied Mother’s section 388 petition on June 21, 2023.