In re N.L.

Los Angeles County Department of Children & Family Services v. Na.L.

Good Law
187 Cal. Rptr. 3d 534·2015 Cal. App. LEXIS 444·236 Cal. App. 4th 1460·2015 WL 2414378
Court of Appeal of CaliforniaMay 21, 2015B260293California3,493 words

Opinion

Opinion

Mosk, J.

INTRODUCTION

Na.L. (mother) appeals from the juvenile court’s permanent restraining order against her requiring her to stay away from K.E. (father), the father of N.L., their six-year-old daughter, and N.L. Mother contends that there was insufficient evidence to support the inclusion of N.L. in the restraining order as a protected person. In affirming in part, reversing in part, and remanding the matter, we hold that based on the record, the juvenile court erred by including N.L. in the restraining order.

FACTUAL AND PROCEDURAL BACKGROUND

In 2013, the Los Angeles County Department of Children and Family Services (Department) filed a Welfare and Institutions Code section 300 petition alleging N.L. was at risk due to, inter alia, mother’s drug use and her repeated false allegations that father sexually abused N.L. On May 28, 2014, the juvenile court sustained the following petition allegations: “b-3 [¶] The child [N.L.]’s mother has a history of illicit drug use and is a current abuser of marijuana which renders the mother incapable of providing the child with regular care and supervision. On prior occasions in 2013, the mother possessed marijuana, smoked near the child…

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