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

*567 Jazmin V. (mother) and Richard V. (father) appeal from the disposition order of the juvenile court finding jurisdiction over C.V. We reverse.

*568 A petition filed August 26, 2016 alleged that under Welfare and Institutions Code section 300, subdivision (b), 1 father and mother failed to protect then three-month-old C.V. and put him in danger of harm "in that a rifle and ammunition were found in the child's home within access of the child." Mother knew father possessed the firearm and ammunition in the home, and father had a criminal history involving firearms and had been arrested for felon in possession.

When the social worker responded to an immediate response referral at mother's home (the home of the maternal grandparents) on August 16, a deputy informed her that father had been arrested for violation of probation and would be in custody for a " 'good amount of time.' " Law enforcement had confiscated a bag containing a .22-caliber rifle and live ammunition, which they found next to the bed in mother's bedroom, where mother and father slept with C.V. There were no additional concerns regarding abuse or neglect by mother.

Mother told the social worker that father did…