In re Jazmin D. CA2/3

INTRODUCTION

Marina S., mother of Jazmin D., T.D., and Bianca D. appeals from the jurisdiction and disposition orders of the juvenile court. Mother’s appeal centers on her insistence that this case is nothing more than a bitter divorce fight that does not belong in the juvenile court. However, the focus of the juvenile court is the children and whether they are in need of protection. (Welf. & Inst. Code, § 300.2.)1 The trial court took jurisdiction over T. finding he was defined by section 300, subdivision (c) based on severe emotional harm, and over Jazmin and Bianca finding they were defined by subdivision (j). The court later placed the children with father and awarded mother visitation. Jazmin and T. are no longer minors and so this opinion focuses on Bianca. We hold that the jurisdictional order was legal error as subdivision (c) does not serve as a predicate for a subdivision (j) finding. Accordingly, we reverse the jurisdiction orders and vacate the disposition order with respect to Bianca and remand for a new jurisdictional hearing concerning her.

FACTUAL AND PROCEDURAL BACKGROUND

Viewing the record according to the usual rules (In re I.J. (2013) 56 Cal.4th 766, 773),…