In re J.B. CA2/5

Introduction and Statement of Appealability

This appeal is brought by Juan B. (“father”) from the order of the juvenile court made on December 10, 2013. The juvenile court proceeding involved two children with the same mother but with different fathers. This appeal by father only concerns the jurisdictional order made by the juvenile court in regard to the child J. B., wherein he was declared a dependent of the court pursuant to section 300, subdivision (b), of the Welfare & Institutions Code.1 The mother Cristina V. (“mother”) did not appeal the jurisdictional order. A cross-appeal was filed by the Department of Children and Family Services (“DCFS”) challenging the juvenile court’s failure to take jurisdiction over J. B. pursuant to section 300, subdivision (a). This appeal is authorized by section 395, subdivision (a)(1), of the code.

Procedural Background In 2007, a family law court awarded Juan B. the sole physical custody of J. B. Mother was granted visitation with J. B. every other weekend. In February of 2012, the family law court modified its visitation order to a joint physical custody order whereby mother and father received physical custody of J. B. on alternating…