In re Z.P. CA2/7

California Court of Appeal·Decided July 28, 2026·No. B344836·Unpublished

Opinion

Filed 7/28/26 In re Z.P. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Z.P., a Person Coming Under B344836 the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County Super. DEPARTMENT OF CHILDREN Ct. No. 24CCJP03191A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

A.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Linda L. Sun, Judge. Affirmed.

Carol A. Koenig, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.

A.M., the maternal aunt and legal guardian of Z.P. (born in 2010), challenges the juvenile court’s jurisdiction findings that she emotionally abused Z.P. She contends substantial evidence does not support the findings. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Circumstances Leading to A.M.’s Guardianship of Z.P.

Z.P.’s mother passed away in 2021. Z.P.’s father (Christopher P.) assumed custody of Z.P. and her twin brother, but he was unable to care for them because he was addicted to drugs, did not have stable housing, and engaged in unsafe criminal activity. Z.P. had not seen her father for several years at the time this case arose. It was later determined he was incarcerated in Indiana.

Z.P.’s other maternal aunt who lived in Georgia initially took over caring for Z.P. and her twin brother, but after two years she refused to pick Z.P. up following Z.P.’s three-week stay at a mental hospital due to self-harming behaviors. A.M. picked up Z.P in Georgia and brought her back to stay with A.M. in California in July 2024. The probate court in Los Angeles County granted A.M. legal guardianship over Z.P. in September 2024, a month before Z.P. turned 14.

B. Z.P.’s Detention from A.M.

The month after becoming Z.P.’s legal guardian, A.M.

called in a referral to the Los Angeles County Department of Children and Family Services (the Department). She stated Z.P. had mental health issues and cutting behavior, abused marijuana, had drug dealers come to the guardian’s home, stole the guardian’s alcohol, and had outbursts. The guardian stated

she could no longer manage Z.P.’s behavior and feared for Z.P.’s and her own safety. Z.P. had just received a psychiatric evaluation, and the guardian disagreed with the hospital’s assessment that Z.P. did not meet the criteria for an involuntary hold. A.M. did not want to take Z.P. home from the hospital that day. She requested the Department intervene. The Department detained Z.P. and placed her in emergency foster care when A.M. refused to pick up Z.P. after she was discharged.

C. The Department’s Dependency Petitions and A.M.’s Petition To Terminate Guardianship The Department filed a petition asserting the juvenile court should take jurisdiction over Z.P. under Welfare and Institutions Code section 300, subdivision (b),1 because A.M. was unwilling and unable to provide Z.P. with ongoing care and supervision; A.M. had refused to pick up Z.P. after she was discharged from the hospital; and Z.P. told the Department she did not feel safe with A.M. and did not wish to return to her custody.

In November 2024, A.M. filed a petition to terminate the guardianship in the dependency court. The petition stated, “It is in [Z.P.]’s best interest to terminate the guardianship to insure a comfortable home environment and access to treatment and services.”

In February 2025, the Department amended the juvenile dependency petition to add an allegation, under both subdivisions (b) and (c) of section 300, that A.M. had emotionally abused Z.P., including by telling her negative things about her father, yelling at and speaking negatively to her, blaming her for her mental

1 Statutory references are to the Welfare and Institutions Code.

health issues and other circumstances, and making derogatory remarks to others about her. The petition alleged the emotional abuse caused Z.P. to act out in school, use marijuana, and self- harm by cutting and fighting with others. The Department also added an allegation as to Z.P.’s father under section 300, subdivision (g), that Z.P. had no parent to provide care, supervision, or the necessities of life.

D. Evidence at Jurisdiction Hearing A contested jurisdiction hearing was held over nine days in March and April 2025.

1. The Department’s evidence Z.P. reported that while hospitalized in Georgia, she was diagnosed with major depressive disorder and oppositional defiance disorder. When Z.P. came to live with A.M., she was on the anti-depressant Prozac, which Z.P. believed was helping her. A.M. took her off of it because she felt it was too harsh for a child. Instead, A.M. gave her Wellbutrin, which belonged to A.M., but Z.P. did not think the Wellbutrin worked for her Z.P. had a history of cutting. She also admitted using marijuana often to help her cope.

The day before Z.P. was to attend a 30-day drug treatment program arranged by A.M., she and A.M. got into a big argument. After Z.P. left the house, A.M. called 911. A.M. told the emergency responders that she did not want Z.P. anymore. A.M. also told Z.P., “ ‘You’re the reason your mom died. You’re too much to handle. You’re the reason your dad left you.’ ” Z.P. stated A.M. regularly told her that Z.P.’s mother died because Z.P. stressed her out and that Z.P. was going to end up a homeless drug addict like her father.

Z.P. was transported to a mental hospital to receive a psychiatric examination. The hospital determined Z.P. did not meet the criteria to be held. However, A.M. was adamant that Z.P. be placed on an involuntary hold. After the hospital determined Z.P. was ready to be discharged, A.M. refused to pick her up, and thus the hospital had to call the Department. Z.P. said she did not want to return to A.M.’s care and did not feel safe with her.

Raquel Salcedo, the emergency social worker who responded to the initial referral, met with A.M. at the hospital. A.M. wanted Z.P. to get mental health services and be placed on a hospital hold that day. She became frustrated and upset when Salcedo advised her the Department would be conducting an investigation into the referral. Salcedo stated Z.P. denied being emotionally abused and was willing to go back to A.M.’s home at that time.

When the Department interviewed A.M. one month after Z.P.’s discharge from the hospital, A.M. was hesitant to accept Z.P. back into her home, due to Z.P.’s constant lying, refusal to follow the rules, and unaddressed mental health and substance abuse issues. A.M. denied she refused to pick up Z.P. after her psychiatric examination. A.M. indicated she had done nothing wrong and was not willing to go through the dependency court process to regain custody of Z.P. A.M. was upset that she had been “demonized” after going out of her way to help Z.P., including getting her psychological help and substance abuse treatment.

Alfreda B., Z.P.’s foster parent for the first three months after Z.P.’s detention, testified at the jurisdiction hearing. While Z.P. lived with her, Alfreda observed that after speaking with

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