In re An.N. CA2/8, B270155

Twins An.N. and Ar.N., age 13, lived primarily with different parents after separation; mother had primary custody of Ar.N., father had An.N.
Longstanding, high-conflict custody battle; mother allegedly spoke negatively about father/stepmother and pressured the girls to side with her.
Ar.N. exhibited severe depression, cutting, and suicidal ideation and was involuntarily hospitalized; school staff found self-harm implements in her backpack.
Mother discontinued family therapy in August 2015 and failed to secure timely replacement services; clinicians reported escalating conflict and emotional enmeshment between mother and Ar.N.
Department detained the children and placed them with father; juvenile court sustained a section 300(b) petition as to mother and removed the girls from her custody, ordering monitored/therapeutic visitation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether juvenile court properly asserted dependency jurisdiction under §300(b)	Department: mother’s conduct and home environment posed substantial risk of serious physical and emotional harm to the girls	Mother: petition/evidence did not show risk of serious physical harm warranting jurisdiction	Court: jurisdiction affirmed; mother forfeited legal-sufficiency challenge by not contesting jurisdiction below, and evidence supported finding of risk
Whether removal from mother’s custody was supported by clear and convincing evidence under §361(c)(1)	Department: clear and convincing evidence showed substantial danger to children’s physical/emotional well-being and no reasonable alternatives	Mother: insufficient evidence that children were in danger in her care to justify removal	Court: removal affirmed; substantial evidence supported that removal was necessary to avert harm

In re Christopher C., 182 Cal.App.4th 73 (2010) (failure to challenge petition in juvenile court forfeits appeal on legal sufficiency)
In re Rebekah R., 27 Cal.App.4th 1638 (1994) (attorney admissions in open court bind client)
In re Richard K., 25 Cal.App.4th 580 (1994) (submission on removal recommendation can forfeit appellate challenge to disposition)
In re K.S., 244 Cal.App.4th 327 (2016) (jurisdictional findings reviewed for substantial evidence)
In re D.G., 208 Cal.App.4th 1562 (2012) (dispositional removal reviewed for substantial evidence)
In re A.R., 235 Cal.App.4th 1102 (2015) (standards for reviewing dispositional orders)
In re A.S., 202 Cal.App.4th 237 (2011) (removal may be based on averting likely future harm; parent need not be presently dangerous)