E.N

—In this case, the juvenile court found three siblings came within its dependency jurisdiction under Welfare and Institutions Code section 300, subdivision (b) (failure to protect). 1 In its disposition, the court adjudged the minors dependent children of the court, ordered them returned home to the care and custody of mother (E.N.) on a case plan of family maintenance services, and removed them from the physical custody of the Father (L.B.) 2 on a case plan of family reunification services. 3 Each parent appeals. (§ 395, subd. (a)(1).)

*1014 Both father and mother seek review of the finding of jurisdiction and assert a claim of insufficiency of the evidence to establish that the children are persons described by section 300, subdivision (b). The mother additionally argues that the juvenile court improperly considered the benefits of assuming jurisdiction in assessing the risk to the children. The father maintains that there was no credible evidence that either parent had an unresolved substance abuse problem and joins in mother’s arguments. Appellants do not challenge the disposition.

We reverse.

I

Factual and Procedural History

On March 10, 2009, the Santa Clara…