L. A. Cnty. Dep't of Children & Family Servs. v. Angelina A. (In re D.L.)
22 Cal. App. 5th 1142
| Cal. Ct. App. 5th | 2018Background
- In Feb 2017 police found a loaded rifle, ammunition, gun parts, and a bulletproof vest in an unlocked bedroom closet of the home where 2‑year‑old D.L. slept; items were removed and DCFS verified their presence. Father was arrested for carrying a loaded firearm and had known gang affiliation.
- Mother told DCFS she never saw the weapons, was not in contact with father, and he was not welcome in her home.
- Father admitted the gun had been in the closet for about a week, believed it was loaded, and said he would either remove guns or lock them in a safe in the future.
- DCFS filed a section 300 petition; the juvenile court detained the child from father, released the child to mother, and later sustained the petition, finding a continuing risk because mother was “lackadaisical” and allowed father access.
- The court declared D.L. a dependent, removed custody from father, placed the child with mother, ordered family maintenance services for mother, and kept father’s visits monitored. Mother appealed the jurisdictional finding as to her.
Issues
| Issue | Mother's Argument | DCFS/Juvenile Court's Position | Held |
|---|---|---|---|
| Whether substantial evidence supported jurisdictional finding as to mother under Welf. & Inst. Code §300(b) (risk of future serious harm) | Mother: No substantial evidence of present or future risk because father no longer lived with them, was not welcome, and said he would secure or remove guns. | Court/DCFS: Father’s prior storage of a loaded gun accessible to child plus mother’s permissive attitude and allowing father access created ongoing risk. | Reversed as to mother: no substantial evidence of current/substantial future risk to support jurisdictional finding. |
| Whether juvenile court could impose dispositional orders (services) on a non‑offending parent after dependency declared | Mother: If jurisdictional finding against her is reversed, dispositional orders against her must fall. | Court/DCFS: Once the child is a dependent, the court may order reasonable dispositional measures against any parent under §362(a), even without a jurisdictional finding against that parent. | Affirmed: The court retained authority to order mother to participate in services despite reversal of jurisdictional finding as to her. |
Key Cases Cited
- In re I.J., 56 Cal.4th 766 (review standard for dependency jurisdiction)
- In re R.T., 3 Cal.5th 622 (fault not required for finding parent unable to protect child under §300)
- In re B.T., 193 Cal.App.4th 685 (§300(b) requires substantial risk of future harm at time of hearing)
- In re James R., 176 Cal.App.4th 129 (past conduct may be probative but risk must be more than speculative)
- In re Yolanda L., 7 Cal.App.5th 987 (storage of a loaded gun can support dependency when reoccurrence is likely)
- In re C.V., 15 Cal.App.5th 566 (gang affiliation alone insufficient to justify jurisdiction)
- In re Briana V., 236 Cal.App.4th 297 (court may impose dispositional orders on a parent even if that parent's conduct was not the basis for jurisdiction)
- In re I.A., 201 Cal.App.4th 1484 (jurisdictional finding against a particular parent not required before imposing dispositional orders)