Los Angeles County Department of Children & Family Services v. Jonathan G.

G., the presumed father of eight-year-old Andrew S. and four-year-old Kailey J., appeals the juvenile court’s October 5, 2015 jurisdiction finding pursuant to Welfare and Institutions Code section 300, subdivision (b), 1 that he failed to provide the children with the necessities of life, placing them at substantial risk of serious physical harm or illness, and its disposition order of the same date removing the children from his and their mother’s custody and ordering them suitably placed pursuant to section 361, subdivision (c). The court had previously sustained jurisdiction allegations relating to physical abuse by the children’s mother, Gloria S., under section 300, subdivisions (a) (serious physical harm nonaccidentally inflicted), (b) (failure to protect) and (j) (abuse of sibling).

We reverse the jurisdiction finding and removal order as to Jonathan and remand the matter for the juvenile court to reconsider Jonathan’s request for custody of the children under the proper standard for noncustodial parents (§ 361.2) and in light of Jonathan’s and the children’s then-current circumstances. On remand the juvenile court is also to reconsider its determination the…