In re Victoria M. CA2/7

INTRODUCTION

Ana M. (“Mother”), the mother of minor S.V., appeals from orders of the juvenile court which declared her children, Angel M., Blanca M., Victoria M. and A.P. dependents of the court under Welfare and Institutions Code section 300, subdivision (b),1 based on, among other allegations, Mother’s substance abuse. Mother also appeals the dispositional order that removed Victoria M. and A.P. from her physical custody and placed them with their father2 but permitted visitation for Mother. Mother argues that the juvenile court’s jurisdictional findings and the disposition order were not supported by substantial evidence. For the reasons articulated below, we reject her arguments with respect to the jurisdictional findings concerning Mother’s substance abuse and the physical abuse by Rosa and affirm the jurisdictional order. Nonetheless, as we shall the explain, we reverse the disposition order, and the order terminating jurisdiction and remand for dispositional proceedings for Victoria M. and A.P. The dependency court failed to make the required findings under section 361 (i.e., clear and convincing evidence that the return of the child to the care and custody of the Mother…