In re Aaron L. CA2/3

CourtCalifornia Court of Appeal
DecidedMarch 10, 2025
DocketB336317
StatusUnpublished

This text of In re Aaron L. CA2/3 (In re Aaron L. CA2/3) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Aaron L. CA2/3, (Cal. Ct. App. 2025).

Opinion

Filed 3/10/25 In re Aaron L. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re AARON L., a Person B336317 Coming Under the Juvenile Court Law. Los Angeles County Super. Ct. No. LOS ANGELES COUNTY 23CCJP03974 DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

L.R.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Kristen Byrdsong, Juvenile Court Referee. Affirmed. William Hook, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, Melania Vartanian, Deputy County Counsel for Plaintiff and Respondent. _________________________ Mother challenges the juvenile court’s jurisdictional findings and order declaring her then-10-year-old son Aaron a dependent of the court under Welfare and Institutions Code section 300, subdivisions (a) and (b)(1).1 Mother contends there was no substantial evidence that Aaron was at substantial risk of serious harm due to mother’s or father’s alleged conduct. We affirm. FACTUAL AND PROCEDURAL BACKGROUND2 The Department received a call in mid-October 2023 alleging mother had left Aaron (born May 2013) at maternal grandmother’s house and was living on the streets, doing drugs. Before mother left, maternal grandmother (MGM) had called the police “to get mother out of her home.” On October 26, 2023, a Department social worker called mother and told her the Department was investigating allegations of general neglect. Mother refused to speak with the social worker.

1 Statutory references are to the Welfare and Institutions Code. 2 Mother challenges the jurisdictional findings based on both her and father’s conduct. Father has not appealed. As we conclude below, substantial evidence supports the court’s jurisdictional findings based on mother’s conduct. Accordingly, we do not discuss in detail father’s separate conduct or his domestic violence against mother. (See In re I.J. (2013) 56 Cal.4th 766, 773 (I.J.) [where substantial evidence supports at least one statutory ground for jurisdiction, appellate court need not consider validity of other alleged grounds for jurisdiction].)

2 That same day, the social worker interviewed Aaron at his school. He confirmed mother had dropped him off about three weeks earlier. He had not seen her, but he had spoken to her on his cell phone the day before. Aaron said his mother had dropped him off before, but this was the longest time she had left him. They had been homeless, staying at hotels or on others’ couches. When they didn’t have a place to stay, Aaron said his mother would drop him off at his aunt’s or grandmother’s home. He stated his mother took good care of him when they were together and he always had enough to eat. As for his father, Aaron told the social worker he did not like him and had not seen him in “a long time.” Aaron stated father had mental health issues—he had gotten angry and hit his mother in the past. He had seen father “shove” and “punch” mother. Aaron denied fearing mother or father and said mother always had been “available to meet his needs.” Aaron felt safe in his aunt’s home. The social worker also spoke to maternal aunt by phone. Maternal aunt said she had told mother she would watch Aaron until mother was better. Maternal aunt told the social worker mother was mentally unstable and addicted to drugs. Mother’s drug addiction had gotten worse over the last two years. Maternal aunt explained mother initially had not made a plan with her to care for Aaron—she “just left” Aaron at the home of MGM, who had said she could not care for the child. Another of mother’s sisters could not care for Aaron either, so maternal aunt told mother she would watch him. Aaron currently was sleeping on her couch, but she was in the process of moving to a bigger home and would have more space for Aaron. The next day, October 27, 2023, the social worker interviewed MGM at her home. MGM had mother “removed

3 from her home a couple of weeks ago because she was ‘acting crazy.’ ” Mother told her she would return for Aaron, but mother never did. MGM told the social worker mother was a drug addict and had mental health issues. She did not know what kind of drugs mother used or her mental health diagnosis. MGM was not willing to care for Aaron due to her age. She said maternal aunt, a nurse, had agreed to care for Aaron, and MGM was willing to supervise him after school. On November 1, 2023, the social worker assessed maternal aunt’s home and found it was appropriate. Maternal aunt told the social worker mother had messaged her that day and asked if Aaron could stay with her a little longer. Mother did not say when she planned to pick Aaron up. Maternal aunt was willing to care for Aaron “as long as needed”—she wanted him “to be safe and not out in the streets.” Maternal aunt told the social worker MGM had kicked mother out of her home because mother “was being aggressive.” According to maternal aunt, MGM had raised mother’s two adult sons. The social worker reached mother by phone on November 8, 2023. Mother denied the allegations. She said MGM “had kicked her out of her home with all her belongings in bags.” She was embarrassed to walk around the streets with her bags and child and also did not want to expose Aaron to the streets. Mother told MGM she would return to pick up Aaron. Mother said she had not returned for Aaron because she still was on the streets, which were dangerous and no place for a child. When the social worker asked mother what her plan was for Aaron, she responded, “ ‘Does it matter if I make a plan[?]’ ” Mother said maternal aunt had offered to “keep Aaron until she was ready.” Mother wasn’t sure when that would be—she wanted to find

4 “a place for them” first; she did not want Aaron on the streets. Mother denied having any issues with or using drugs. She was not willing to drug test for the Department without a court order, however. Mother told the social worker she was spending her money on hotels—not drugs—because she was homeless. (MGM had said mother received $800 a month and had no money by the third day because she was out doing drugs.) Mother said she had been staying with different people and was in the process of moving. She did not want to tell the social worker where she was living. When the social worker asked mother about giving maternal aunt temporary custody, mother refused. Mother identified Aaron’s father but did not have his contact information. Mother hadn’t had any contact with him “for a long time.” Parents had a “past referral history of domestic violence” with the Department corroborated by law enforcement incident reports. In May 2022, Aaron saw father slap mother on the head with an open hand. In March 2022, a caller reported father put mother in a chokehold in front of Aaron; the incident report stated father punched mother. The court authorized Aaron’s removal from mother and father on November 16, 2023. On November 20, 2023, the Department filed a section 300 petition alleging Aaron was at risk of harm due to father’s violent conduct against mother, and mother’s failure to make an appropriate plan for his safety and wellbeing when she left him with MGM. At the initial hearing on November 21, 2023, the juvenile court detained Aaron from mother and father, who were not present, and ordered they have monitored visits. The court also ordered drug testing referrals for parents.

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Related

Los Angeles County Department of Children & Family Services v. J.J.
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L. A. Cnty. Dep't of Children & Family Servs. v. M.V. (In re A.L.)
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Bluebook (online)
In re Aaron L. CA2/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aaron-l-ca23-calctapp-2025.