In re K.L. CA2/4

INTRODUCTION AND BACKGROUND1

M.L. (mother) appeals from the juvenile court’s orders asserting dependency jurisdiction over her three children, 15- year-old K.L., 9-year-old E.L., and 7-year-old A.L. The Department of Children and Family Services (Department) filed a Welfare and Institutions Code2 section 300 petition on the children’s behalf after police found the family home in an unsanitary and hazardous condition. Relevant to this appeal, the juvenile court sustained the petition and declared the children dependents of the court under section 300, subdivision (b). In exercising jurisdiction over the children, the court found true the allegations that the children were at substantial risk of serious physical harm due to: (1) mother establishing a filthy, unsanitary, and hazardous home (count b-1); and (2) mother’s mental and emotional condition (count b-2). On appeal, mother challenges the jurisdictional findings that the children were at risk due to her unsanitary home and mental illness. She contends the findings are unsupported by substantial evidence. For the reasons discussed below, we reverse

We resolve this case by memorandum opinion. (Cal. Stds. Jud. Admin., §…