Los Angeles County Deparment of Children & Family Services v. Emma M.

Emma M. (Mother) challenges the dependency court’s jurisdictional and dispositional orders finding she was unable to arrange for her child Noe F.’s (Noe) care after Mother was arrested and incarcerated on a gang-related offense. She contends that insufficient evidence supports the allegation under Welfare and Institutions Code section 300, subdivision (b) 1 that she was not able to protect Noe because Mother was incarcerated and failed to make arrangements for Noe’s care. She further argues that the dependency court erred in giving Noe S. (Father) custody of Noe without making the findings required under section 361.2 regarding placement with Father. The Los Angeles County Department of Children and Family Services (DCFS) cross-appeals, and filed a letter brief in which it does not concede error, but stated it does not oppose a reversal of the court’s jurisdictional and dispositional orders. We reverse.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Mother, bom in April 1991, is an active member of the Compton Varrio Segundo gang. Father, bom in March 1992, is a member of the same gang, and at the time of Noe’s detention, was incarcerated for two counts of attempted murder.…