In re N.F. CA2/7

INTRODUCTION

Nonoffending noncustodial parent Ernest F., Sr., (Ernest F.) appeals from the juvenile court’s dispositional order. In particular, Ernest F. challenges the court’s finding under Welfare and Institutions Code1 section 361.2, subdivision (a), that placing his dependent son Ernest F., Jr., (Ernest) with him would be detrimental to Ernest’s safety, protection, and well-being. Although the section 361.2, subdivision (a), issue has become moot, we reverse the court’s finding of detriment because it is not supported by substantial evidence and has the potential to affect Ernest F. adversely in future dependency proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Ernest and his sister Nyla F. are the children of Ernest F. and L.F.2 L.F. has another daughter, Mya H., whose father is L.F.’s boyfriend, Myron H., with whom the four family members lived. On September 21, 2013 the Los Angeles Department of Children and Family Services received a referral alleging physical abuse by L.F. of 17- year-old Nyla, sexual abuse by Myron H. of Nyla, and at risk sibling abuse of 15-year-old Ernest and nine-year-old Mya. During the ensuing investigation by a children’s social worker (CSW) in…