California Court of Appeals, Second District, First Division
In re AIDEN G. et al., Persons Coming Under the Juvenile Court Law.
CAROLINE G., Defendant and Appellant. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v.
Filed 10/16/13 (unmodified version)
APPEAL from orders and a judgment of the Superior Court of Los Angeles County Super. Ct. No. CK96730. Marilyn Kading Martinez, Commissioner. Reversed and remanded with directions to the family court.
Donna B. Kaiser, under appointment by the Court of Appeal, for Defendant and Appellant.
John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jeanette Cauble, Senior Deputy County Counsel, for Plaintiff and Respondent.
ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT]
It is ordered that the opinion filed herein on October 16, 2013, and in the Official Reports be modified in the following particulars:
1. On page 1 in the caption, the name AIDEN G. is deleted and the initials A.G. are inserted instead; and the name CAROLINE G. is deleted and the initials C.G. are inserted instead.
2. On page 2, first paragraph, the name Caroline G. is deleted and the initials C.G. are inserted instead; the name Aiden G. is deleted and the initials A.G. are inserted instead; the name Elizabeth G. is deleted and the initials E.G. are inserted instead; and the name Scott G. is deleted and the initials S.G. are inserted instead.
3. On page 3, first sentence of the second full paragraph, the names Aiden and Elizabeth are deleted and the initials A.G. and E.G. are inserted instead.
4. On page 5, last sentence of the second full paragraph, the name Aidan is deleted and the initials A.G. are inserted instead.
5. On page 7, last sentence of the paragraph that began at the bottom of page 6, the name Caroline [G.] within the quotation is deleted and the bracketed initials [C.G.] are inserted instead.
There is no change in the judgment.
MALLANO, P. J.
Caroline G. (Mother) appeals from the February 14, 2013 jurisdictional and dispositional orders of the juvenile court adjudging minors Aiden G., born in December 2008, and Elizabeth G., born in May 2010, dependents of the court pursuant to Welfare and Institutions Code section 300, subdivision (b) (failure to protect). Scott G. (Father) is not a party to this appeal. The issue presented is whether the juvenile court should have sustained a petition alleging only that Mother is mentally ill and is unable to care for the minors where Father has always been, and is, capable of properly caring for them. While Mother’s mental health is such that the minors would be at substantial risk if they were in Mother’s custody, the custody order filed in the family court by the juvenile court after making the challenged adjudication and disposition orders ...