In re Makayla M. CA2/3

INTRODUCTION

Crystal L. (mother) appeals an order for informal supervision under Welfare and Institutions Code section 360, subdivision (b).1 In its petition for dependency jurisdiction, the Los Angeles County Department of Children and Family Services (the Department) alleged mother placed her one-year-old daughter, Makayla M., at risk of physical harm after receiving a report that mother’s male companion, Frank Z., battered his sister in an altercation outside the apartment he then shared with mother and Makayla. Without disputing the seriousness of Frank’s misconduct, mother contends the evidence was insufficient to support a finding that she neglected Makayla within the meaning of section 300, subdivision (b), because, at the time the court assumed jurisdiction over Makayla three months later, there was no evidence that mother and Makayla still lived with Frank or that mother had an ongoing relationship with Frank. We agree with mother that the Department failed to establish a present risk of harm to Makayla at the time the juvenile court assumed jurisdiction over the child. Accordingly, we reverse.

FACTS AND PROCEDURAL BACKGROUND

On May 6, 2014, the Department received a…