In re A.F. CA2/4

INTRODUCTION

Mother, S.J. (Mother), appeals from a dependency court order declaring her minor son, A.F., a dependent of the court under Welfare and Institutions Code section 300 (section 300), subdivision (b). Mother contends there is no substantial evidence that A.F. is at substantial risk of suffering serious physical harm such that dependency jurisdiction is appropriate under section 300, subdivision (b). We agree and reverse the order finding dependency jurisdiction over A.F. on that ground. The Los Angeles County Department of Children and Family Services (DCFS) cross-appeals from the judgment, contending that the dependency court erred in failing to find jurisdiction pursuant to section 300, subdivision (c), based on severe emotional damage to A.F. Because the evidence below with respect to emotional abuse was contradictory, we affirm the order dismissing the allegation under section 300, subdivision (c).

FACTUAL AND PROCEDURAL BACKGROUND

Procedural Background A dependency petition was filed on January 26, 2012, alleging that A.F., a boy born February 1999, came within the provisions of subdivisions (b) and (c) of section 300.1 Under section 300, subdivision (b), the…