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In re A.B.

California Court of Appeals, Second District, First Division

April 1, 2014

In re A.B., a Person Coming Under the Juvenile Court of Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,
v.
D.B., Defendant and Appellant.

[As modified Apr. 30, 2014.]

APPEAL from a judgment of the Superior Court of Los Angeles County, No. CK96106 Mark A. Borenstein, Judge.

Page 1359

[Copyrighted Material Omitted]

Page 1360

COUNSEL

Marissa Coffey, under appointment by the Court of Appeal, for Defendant and Appellant.

Page 1361

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and William D. Thetford, Principal Deputy County Counsel, for Plaintiff and Respondent.

OPINION

CHANEY, J.

Dominique B. (mother) appeals from the juvenile court’s judgments and orders declaring her daughter, A.B., a dependent of the court per Welfare and Institutions Code section 300, subdivision (b)[1] under two petitions. She contends we must reverse the jurisdictional finding under the original petition because she was denied due process. We decline to address this issue because substantial evidence supports jurisdiction under the subsequent petition. Mother also contends the juvenile court abused its discretion in denying her request for a continuance of the jurisdictional hearing on the subsequent petition. We affirm.

Statement of Facts

Two-year-old A.B. is the daughter of mother and Matthew D. (father).[2] Mother and father are married but father recently filed for divorce. Prior to the Los Angeles County Department of Children and Family Services's (DCFS) involvement, father had only seen A.B. twice since her birth.

On October 15, 2012, DCFS received a referral that A.B. was developmentally delayed, appeared unhealthy, and was primarily cared for by her maternal grandmother Maria B. (maternal grandmother), who appeared to have mental health issues. An emergency response social worker immediately investigated but could not locate A.B. The social worker spoke with mother, who denied the allegations and refused to cooperate with DCFS. The next day, the social worker contacted father and learned that A.B. could not yet walk and was behind on her immunizations. The social worker also gained access to mother’s apartment, which was cluttered ...


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