Los Angeles County Department of Children & Family Services v. Alma C.

Alma C. (mother) appeals from an order adjudging Ashley B. (bom Apr. 2008) a dependent of the court pursuant to Welfare and Institutions Code section 360, subdivision (d). 1 Specifically, mother argues that the court erred when it sustained a jurisdictional finding under section 300, subdivision (j) with respect to Ashley based on the circumstances leading to the death of her three-month-old brother, Jose. 2 We affirm.

CONTENTIONS

Mother claims that a sustained count under section 300, subdivision (j) requires as a necessary predicate a sustained count under subdivision (a), (b), (d), (e), or (i) of section 300 as to the dependent child’s sibling. Because the court failed to sustain a count under any of those subdivisions as to Jose, mother argues, the finding establishing jurisdiction over Ashley under count j-1 cannot stand.

Further, mother argues, even if a finding as to Jose was not legally necessary as a predicate to the finding as to Ashley under section 300, subdivision (j), substantial evidence does not support the juvenile court’s finding that count j-1 was tme based on the facts in the record.

FACTUAL AND PROCEDURAL BACKGROUND

Mother has given birth to…