Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Vicente T. (In re Isr. T.)

240 Cal. Rptr. 3d 907, 30 Cal. App. 5th 47
California Court of Appeal, 5th District·Decided November 21, 2018·No. B286821·Published·Cited by 15 cases

Opinion

MANELLA, P. J.

*48Appellant Vicente T. (Father), the father of Israel and Isabel T., appeals the juvenile court's jurisdictional order. The court asserted that the children fell under Welfare and Institutions Code section 300, subdivision (b), but found no substantial risk of serious harm to the children from the parents' actions, and at the dispositional phase, returned the children to the custody of the parents, finding that the parents did not constitute "any kind of risk to the children."1 Father contends the court's findings do not support the assertion of jurisdiction. We agree and reverse the jurisdictional order.

*49FACTUAL AND PROCEDURAL BACKGROUND

The family came to the attention of the Department of Children and Family Services (DCFS) on June 17, 2017. Officers from the Bell Gardens Police Department observed Father exchanging money for a Styrofoam cup at a fast food restaurant. Suspecting a drug transaction and observing Father commit several traffic violations as he drove away, police stopped him. Father exited his car and ran to his home. Mother came out of the home, took a cup from Father's car, and ingested something contained inside it. Father and Mother were arrested. Officers conducted a search of the family home, finding baggies with trace amounts of a substance believed to be cocaine on the floor, a small baggie containing an off-white crystal substance resembling cocaine or methamphetamine on a closet shelf, and a large zip-lock bag containing marijuana.2 They informed DCFS, who detained Israel and Isabel, *909then five and three, and placed them with paternal relatives.

Interviewed by the caseworker, Father and Mother denied using or selling drugs. They claimed that any hard drugs found in the home were planted by the police officers, and that the marijuana belonged to Father's adult son, who had a medical marijuana card. The caseworker said they were cooperative and found them to be dedicated and consistent with respect to visitation. Father and Mother saw the children and assisted with their care every day, and continued to participate in their activities and school programs. Their involvement was particularly important to Israel, who suffered from autism and required structure and a regular daily routine. In addition, Father and Mother volunteered to enroll in services, including parenting classes and drug testing.3

At the jurisdictional hearing, Father's adult son testified the marijuana found in the home was his. He said that he stored it in a box above his closet, out of the reach of his younger siblings, and that he generally locked his room when he left it. He further testified he did not use marijuana in the family's home or in the presence of his siblings. He denied observing Father or Mother use drugs of any kind.

Counsel for DCFS asked the court to find jurisdiction based on drugs being left within access to the children. Counsel for the children agreed that the presence of two baggies containing drug residue on the floor was sufficient to *50support jurisdiction. Counsel for Mother contended that the matter should be dismissed because DCFS failed to meet its burden of proof. Counsel for Father also argued that the matter should be dismissed for lack of sufficient evidence. Counsel began to argue that the court should consider Father's negative drug test and willingness to test further in making its jurisdictional finding. The court interrupted her, saying: "[t]hose are dispo issues."

The court found true under section 300, subdivision (b) that there was "a ... risk that the child[ren] will suffer ... physical harm," and that Father and Mother "created an endangering home environment for the children in that trace amounts of methamphetamine were found in the children's home within access of the children." In making its findings, the court struck the word "substantial" before the word "risk," and struck the word "serious" before the word "physical harm." In doing so, the court stated: "I am amending [the petition] so it will invite reversal at the Court of Appeal."

Turning to disposition, the court noted that Father and Mother continued to care for the children and to meet their special needs, that there was "no evidence of abuse or neglect," and that Father and Mother had not been charged with any drug offenses. The court stated: "I don't believe these parents constitute any kind of risk to the children." The court proceeded under section 360, subdivision (b).4 It *910ordered Father and Mother to participate in random drug testing for the next six months, to complete a parenting class, and to permit no illegal drugs or substances in their home.5 DCFS was authorized to make unannounced home calls to monitor the family and assist the parents. The court released Israel and Isabel to the care of Father and Mother. This appeal followed. *51DISCUSSION

Free access — add to your briefcase to read the full text and ask questions with AI

Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Vicente T. (In re Isr. T.), 240 Cal. Rptr. 3d 907, 30 Cal. App. 5th 47 (Cal. Ct. App. 2018).

240 Cal. Rptr. 3d 907 (Persons Coming Under the Juvenile Court Law. L. A. Cnty. Dep't of Children v. Vicente T. (In re Isr. T.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re Lillie K. CA2/8
California Court of Appeal, 2026
In re J.K. CA4/1
California Court of Appeal, 2026
In re J.A. CA2/7
California Court of Appeal, 2026
In re A.T. CA2/2
California Court of Appeal, 2025
E.M. v. Superior Court CA4/2
California Court of Appeal, 2023
In re Elian V. CA2/7
California Court of Appeal, 2021
In re Andrew W. CA2/7
California Court of Appeal, 2021
In re Ender H. CA2/3
California Court of Appeal, 2021
In re Ivan F. CA2/1
California Court of Appeal, 2021
In re S v. CA4/2
California Court of Appeal, 2021
In re K.R. CA2/2
California Court of Appeal, 2021
In re D.G. CA2/2
California Court of Appeal, 2020
In re L.S. CA2/2
California Court of Appeal, 2020
In re M.D. CA2/2
California Court of Appeal, 2020
In re M.D. CA2/1
California Court of Appeal, 2020
In re M.P. CA2/8
California Court of Appeal, 2020
In re L.C.
California Court of Appeal, 2019
L. A. Cnty. Dep't of Children & Family Servs. v. Pedro C. (In re L.C.)
250 Cal. Rptr. 3d 487 (California Court of Appeals, 5th District, 2019)