In re Alexis S. CA2/3

INTRODUCTION

Mother, Heidi V., appeals from the juvenile court’s orders declaring her two minor children, Alexis S. (age 17) and E. S., Jr. (age 12), dependents and removing them from her custody. (Welf. & Inst. Code, §§ 300 & 361, subd. (c).)1 She contends the court lacked sufficient evidence and it failed to determine which status, a ward or a dependent, is in Alexis’ best interest. (§ 241.1.) The Department of Children and Family Services (the Department) concedes that the court failed to comply with section 241.1. Accordingly, we reverse the orders with respect to Alexis with directions to the juvenile court. However, we affirm the challenged orders as they concern E.

FACTUAL AND PROCEDURAL BACKGROUND

1. The petition The juvenile court sustained a petition alleging that mother “created a detrimental and endangering home environment for the children in that two loaded syringes containing methamphetamine were found in the children’s home within access of the children. On 12/06/13, the child Alexis was arrested for Possession of a Narcotic Controlled Substance and Being Under the Influence of a Controlled Substance. Such a detrimental and endangering home environment…