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In re N.L.

California Court of Appeals, Second District, Fifth Division

May 21, 2015

In re N.L., a Person Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,
v.
Na.L., Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, No. DK02727 Marguerite D. Downing, Judge.

Page 1461

COUNSEL

Ernesto Paz Rey, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Page 1462

OPINION

MOSK, J.

INTRODUCTION

Na.L. (mother) appeals from the juvenile court’s permanent restraining order against her requiring her to stay away from K.E. (father), the father of N.L., their six-year-old daughter, and N.L. Mother contends that there was insufficient evidence to support the inclusion of N.L. in the restraining order as a protected person. In affirming in part, reversing in part, and remanding the matter, we hold that based on the record, the juvenile court erred by including N.L. in the restraining order.

FACTUAL AND PROCEDURAL BACKGROUND[1]

In 2013, the Los Angeles County Department of Children and Family Services (Department) filed a Welfare and Institutions Code section 300[2] petition alleging N.L. was at risk due to, inter alia, mother’s drug use and her repeated false allegations that father sexually abused N.L. On May 28, 2014, the juvenile court sustained the following petition allegations: “b-3 [¶] The child [N.L.]’s mother has a history of illicit drug use and is a current abuser of marijuana which renders the mother incapable of providing the child with regular care and supervision. On prior occasions in 2013, the mother possessed marijuana, smoked near the child where the child could smell the marijuana and was under the influence of marijuana while the child was in the mother’s care and supervision. The mother’s substance abuse endangers the child’s physical health and safety, placing the child at risk of physical harm, damage and danger. [¶] b-4 [¶] The child [N.L.]’s mother created an endangering and detrimental home environment for the child in that the mother has repeatedly made false allegations to law enforcement and medical personnel that the father sexually abused the child. Such an endangering and detrimental home environment established for the child, by the mother endangers the child’s physical health and safety, placing the child at risk of physical harm, damage and danger.”

On June 18, 2014, the juvenile court declared N.L. a dependent of the juvenile court, removed her from mother’s custody, ordered the child home-of-parent father, ordered mother to have monitored visits with N.L. that were

Page 1463

not monitored by father, and ordered that the parents were N.L.’s educational rights holders. In our prior opinion, we affirmed the ...


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