E.U.
Los Angeles County Department of Children & Family Services v. E.U.
Opinion
Lead Opinion
Chaney, J.
The juvenile court adjudged minor Anthony G. a dependent child of the court pursuant to Welfare and Institutions Code section 300, subdivisions (b) (failure to protect) and (g) (no provision for support). 1 Biological father, E.U., appeals from the juvenile court’s jurisdiction and disposition orders as to Anthony pursuant to section 300, subdivision (g), *1062 claiming the evidence was insufficient to support the juvenile court’s finding of jurisdiction. We conclude the juvenile court’s finding that Anthony was a person described under section 300, subdivision (g) was not supported by substantial evidence because the record does not show Anthony was left without provision for support. We reverse the juvenile court’s jurisdiction and disposition orders as they pertain to E.U. but in all other respects affirm.
BACKGROUND
Anthony’s Mother (Mother), Anthony, and Mother’s younger son, Brandon, Jr., lived with Anthony’s maternal grandmother (Grandmother) in July 2009. 2 Anthony, bom in February 2007, was two years old. Brandon, Jr., bom in May 2009, was two months old. Brandon, Jr.’s father, Brandon, Sr., did not live with the family. 3 In July 2009, Los Angeles County…
Dissenting Opinion
Mallano, J.
E.U. challenges the sufficiency of the evidence as to the juvenile court’s finding of jurisdiction under Welfare and Institutions Code section 300, subdivision (g) on the basis that there was no evidence that E.U. “left” Anthony G., or alternatively, that there was no evidence that Anthony was left without provision for support. 1 I disagree. The evidence shows that mother (Mother) was struggling to provide support for Anthony and that E.U. did not provide financial support to Anthony, was not interested in him, and had no relationship with him. And because Mother submitted to the jurisdiction of the juvenile court under section 300, subdivision (b), I conclude she was not providing good care for Anthony.
As pertinent here, a jurisdictional finding under section 300, subdivision (g) requires Los Angeles County Department of Children and Family Services “to show that ‘[t]he minor has been left without any provision for support....’” (In re Matthew S. (1996) 41 Cal.App.4th 1311 , 1319-1320 [ 49 Cal.Rptr.2d 139 ].)
In re J.O. (2009) 178 Cal.App.4th 139 [ 100 Cal.Rptr.3d 276 ] is illustrative. There, the court concluded that when a mother does not provide for the child’s care, a…