L. A. Cnty. Dep't of Children & Family Servs. v. Marcus C. (In re Marcus C.)

The Los Angeles County Department of Children and Family Services (the department) and minor, Marcus C., Jr. (the child), collectively appellants, challenge an order dismissing a juvenile dependency action after an adjudication hearing under Welfare and Institutions Code section 300.

Appellants argue that there was no substantial evidence to support dismissal of the petition, and the juvenile court abused its discretion by refusing to amend the petition to conform to proof. We agree, reverse the order dismissing the petition, and return the matter for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

The Dependency Petition

On December 10, 2015, the department filed a Juvenile Dependency Petition (the Petition) on behalf of the child, who was then two years old. The Petition alleged (a) that the child was at risk because his parents' (C.S. (Mother) and Marcus C., Sr. (Father)) substance abuse and failures to protect the child endangered the child's physical health and safety, which "plac[ed] the child at risk of serious physical harm, damage ..."; and (b) that the parents had created a "detrimental and endangering home environment" which "endanger[ed] the child's physical…