In re Juan M. CA2/3

INTRODUCTION

This is a juvenile dependency case involving minors Juan M. Jr. (Juan) and Juanita M. (Juanita). Los Angeles County Department of Children and Family Services (the Department) filed a juvenile dependency petition alleging that the juvenile court had jurisdiction over the children under Welfare and Institutions Code section 300, subdivisions (a) [serious physical harm inflicted nonaccidentally], (b) [failure to protect] and (j) [abuse of sibling].1 In its jurisdictional and dispositional order, the juvenile court dismissed the section 300, subdivision (a) and section 300, subdivision (j) allegations and sustained three of the four counts under section 300, subdivision (b). The court also declared the children dependents of the court and removed physical custody of the children from Juan M., Sr. (father). Father appeals the order on the ground that there was no substantial evidence supporting the juvenile court’s assertion of jurisdiction under section 300, subdivision (b). He also contends that there was no substantial evidence supporting the juvenile order’s disposition. The Department appeals the order on the ground that the juvenile court erroneously dismissed its…