L.A. Cnty. Dep't of Children & Family Servs. v. Ashley M. (In re A.M.)
| Decision Date | 05 April 2021 |
| Docket Number | B308103 |
| Parties | In re A.M., a Person Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. ASHLEY M., Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. 19CCJP02503B)
APPEAL from orders of the Superior Court of Los Angeles County, Victor G. Viramontes, Judge. Affirmed.
Maureen L. Keaney, under appointment by the Court of Appeal, for Defendant and Appellant.
Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent.
* * * * * * * * * Mother Ashley M. appeals the juvenile court's jurisdictional findings for her then four-year-old son, A.M., based on domestic violence between mother and her boyfriend, A.B. Mother does not challenge the sustained jurisdictional finding that she failed to protect A.M. by allowing A.B. to be under the influence of alcohol around her son. Therefore, mother's jurisdictional challenge is nonjusticiable.
Mother also appeals the dispositional order removing A.M. from her care. While this appeal was pending, A.M. was returned to mother with family maintenance services. Therefore, mother's appeal of the dispositional order is moot. We affirm.
This family came to the attention of the Los Angeles County Department of Children and Family Services in June 2020, only six months after the court had terminated jurisdiction over A.M. in a previous dependency case, with an order granting custody of A.M. to mother. Police had been dispatched to the family home in June 2020 at 5:30 a.m. Mother reported a domestic dispute, claiming to have been "beat up" by A.B. When police attempted to investigate and detained A.B., mother became belligerent, yelling and cursing at responding officers, demanding that A.B. be released, and recanting her report. Mother threatened to shoot and kill police and said she and her boyfriend were gang members. Mother was "aggressive and out of control."
A.B.'s eyes were bloodshot and he smelled of alcohol. Police arrested him for being drunk in public. Mother also appeared to be intoxicated. Mother resisted as officers took her into custody, fighting and spitting on officers and firefighters. She was placedon an involuntary psychiatric hold because of her aggressive and erratic behavior and was charged with assaulting an officer.
Mother and A.B. were so loud during the police encounter they woke up A.M., who had been sleeping inside the apartment. When he came out of the apartment to see what was happening, he became upset and started to cry.
A.M. was taken into protective custody. When he was interviewed by a social worker at the police station, he reported that A.B. is mean to mother and hits her. He described in detail several incidents of domestic violence where A.B. hit mother. Once, mother had tried to run over A.B. with a car. Mother also kicked A.B. in the face after he struck her. A.M. once hit A.B. in the face "for hitting his mother." A.B. did not strike him back.
After her release from the hospital, mother told a Department social worker that a neighbor must have called police because she and A.B. were talking loudly outside the apartment while A.M. slept. According to mother, her neighbors frequently call the police over trivial things, and she and A.B. had not been arguing. When confronted with her young son's statements about domestic violence, mother explained that he "makes stuff up." She denied any history of domestic violence with A.B.
The family has a child welfare history. In April 2019, the Department substantiated a domestic violence referral. In May 2019, the juvenile court sustained allegations based on numerous incidents of domestic violence between mother and then boyfriend T.H., including threats by T.H. to kill mother. Mother had failed to protect A.M. from T.H., who has a substantial criminal history, including murder, and is an active gang member. The court also sustained allegations that mother wasthe victim of domestic violence by Anthony B., A.M.'s father, while mother was pregnant with A.M. Mother complied with the previous case plan, and jurisdiction was terminated in December 2019 with a custody order granting mother legal and physical custody of A.M.
At the August 17, 2020 adjudication/disposition hearing in this case, the juvenile court sustained allegations under Welfare and Institutions Code section 300, subdivisions (a) and (b) based on domestic violence between mother and A.B., and under section 300, subdivision (b), based on failure to protect due to A.B.'s intoxication. The court removed A.M. from mother.
Mother timely appealed. While her appeal was pending, A.M. was...
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