L. A. Cnty. Dep't of Children & Family Servs. v. E.S. (In re Roger S.)

Bad Law
242 Cal. Rptr. 3d 791·31 Cal. App. 5th 572
Court of Appeal of CaliforniaDecember 24, 2018B290290California4,340 words

Opinion

Lead Opinion

Chaney, J.

*574 In this dependency case ( Welf. & Inst. Code, § 300 et seq. ), 1 E.S. (Mother) challenges the sufficiency of the evidence supporting the jurisdiction finding against her. We conclude the evidence presented at the adjudication hearing was insufficient to support jurisdiction and therefore reverse *793 the finding as well as the disposition order and the custody order the juvenile court issued upon termination of dependency jurisdiction. As explained below, we remand the matter to the family court for a hearing on custody and visitation.

BACKGROUND

Detention

Investigation of current referral

As stated in the April 2, 2018 Detention Report, on February 7, 2018, the Los Angeles County Department of Children and Family Services (DCFS) received a telephonic referral, alleging Mother was neglecting her 12-year-old son, Roger S., in that he continually came to school "extremely dirty (body/clothing)" and "with a foul odor." The caller (who was not identified in the Detention Report) also noted Roger exhibited "disruptive behavior" at school. 2 The caller had tried to address the hygiene and behavioral issues with Mother in the past but there had been no improvement, and Mother…

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