In re M.Z. CA2/5

Good Law
Court of Appeal of CaliforniaSeptember 3, 2014B254121California8,769 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Objector, appellant and cross-respondent R.P. (father) appeals from the juvenile court’s jurisdiction and disposition orders finding his minor daughter, M.Z., a dependent child of the juvenile court pursuant to Welfare and Institutions Code section 300, subdivision (b),1 and removing M.Z. from his custody. Father contends that the juvenile court violated his trial rights and that there is not substantial evidence to support the juvenile court’s jurisdictional order based on father’s violent conduct toward mother on July 12, 2011, or the dispositional order removing M.Z. from father’s custody. On its cross-appeal, plaintiff, respondent and cross-appellant Department of Family and Children’s Services (Department) contends that the juvenile court erred in dismissing a count under section 300 subdivision (b) regarding father’s driving while under the influence of alcohol (DUI). We affirm.

BACKGROUND

On August 29, 2013, three year old M.Z and her family came to the attention of the Department when the Los Angeles County Sheriff’s Department arrested mother for an outstanding methamphetamine possession warrant. Mother admitted she had been using methamphetamine for the…

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