In re M.C. CA2/7

Good Law
Court of Appeal of CaliforniaOctober 8, 2013B246321California561 words

Opinion

Opinion

Zelon, J.

DISCUSSION

On appeal, Marques S. contends that there is no substantial evidence to support the juvenile court’s finding that his marijuana use placed M.C. at risk of harm. Marques S. does not challenge the finding that M.C. is subject to juvenile court jurisdiction under section 300, subdivision (b) as a result of the domestic violence between his parents. Marques S. acknowledges that M.C. will remain a dependent of the court regardless of the outcome of this appeal and that the law permits a reviewing court to decline to address allegations of insufficient evidence to support a jurisdictional finding when jurisdiction will continue regardless of that analysis other findings afford a basis for jurisdiction. (In re I.A. (2011) 201 Cal.App.4th 1484, 1492.) Marques S. argues, however, that the court should exercise its discretion to reach the merits of his challenge

All further statutory references are to the Welfare and Institutions Code.

2 to an individual jurisdictional finding notwithstanding the fact that the juvenile court would nonetheless maintain dependency jurisdiction over M.C. because the allegedly erroneous finding could be prejudicial to him in the future.…

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