Los Angeles County Department of Children & Family Services v. Andrea S.

Andrea S. (mother) appeals from the court’s order sustaining jurisdiction over her three children: Jonathan B. (age 13), Richard S. (age 7), and Savannah S. (age 5). Mother contends that the jurisdictional findings sustained against her under Welfare and Institutions Code * 1 section 300, subdivisions (a) and (b)(1), are unsupported by substantial evidence because she took the proper actions to protect her children when Richard S., Sr. (father), assaulted her on May 27, 2014. We agree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Mother and father were married in 2006. Jonathan was four at the time and his biological father was not involved in his life. Father raised Jonathan as his *117 own child. 2 Jonathan was bom in 2001, Richard was born in 2006, and Savannah in 2009. In 2009, father punched mother in the face once when they were arguing.

In July or August 2013, mother and father separated and father moved out of the family home. They continued to jointly care for the children; the children lived primarily with mother, and attended weekend visits with father. Mother and father “[got] along well in terms of communicating regarding the children.”

On May 27, 2014,…