In re Aiden G.
Los Angeles County Department of Children & Family Services v. C.G.
Opinion
Opinion
Mallano, J.
C.G. (Mother) appeals from the February 14, 2013 jurisdictional and dispositional orders of the juvenile court adjudging minors A.G., born in December 2008, and E.G., born in May 2010, dependents of the court pursuant to Welfare and Institutions Code section 300, subdivision (b) (failure to protect). S.G. (Father) is not a party to this appeal. The issue presented is whether the juvenile court should have sustained a petition alleging only that Mother is mentally ill and is unable to care for the minors where Father has always been, and is, capable of properly caring for them. While Mother’s mental health is such that the minors would be at substantial risk if they were in Mother’s custody, the custody order filed in the family court by the juvenile court after making the challenged adjudication and disposition orders eliminated such risk. Because the matter belonged in the family court, there was no reason for the juvenile court’s adjudication and dispositional orders. We reverse and remand with directions to the family court.
BACKGROUND
On August 28, 2012, law enforcement was called to the family home because Mother was yelling at the neighbors, claiming she was going…