ROTHSCHILD, P. J. —
In this juvenile dependency appeal, M.V. (Mother) challenges juvenile court jurisdictional findings made under Welfare and
On October 2, 2016, DCFS received a referral alleging that Mother had physically abused her daughter J.L. One day earlier, after awaking from a nap, Mother went to the refrigerator, took out a carton of milk, and started yelling that the milk was poisoned and people were trying to poison her. When J.L., A.L., and the father tried to explain to Mother that no one was trying to poison her, Mother became very upset, accusing them of also trying to poison her. Mother started throwing objects, including a shoe that hit J.L. on her arm or head. At that point, A.L. physically restrained Mother while the father called law enforcement for assistance. The father explained to the investigating officer that Mother had previously been diagnosed with schizophrenia, was having a manic episode, and needed help. Mother was thereafter placed on an involuntary hold under section 5150 and taken to Aurora Charter Oak Hospital, where she remained until October 14.
The father and Mother never married, but had been living together since they were teenagers. In 2012, they apparently ended their romantic relationship, although they continued to live together.
In 2013, Mother started to display mental issues; she began to talk to herself, refused to leave the home, and became paranoid. The following year,
When interviewed by the social worker, both A.L. and J.L. indicated they have plenty of food, feel safe at home, go to school regularly, do their homework when they come home, and wear clean clothes. A.L. said his parents do not hit him and there are no drugs or alcohol in the home. When his parents argue, Mother starts to throw things and the father yells, and A.L. gets in between them to prevent Mother from "getting in father's face." Mother's condition makes A.L. sad. The recent incident with Mother was not typical. When Mother started throwing things, A.L. restrained Mother because he did not want her to hurt herself or anyone else. He reportedly said, "My mom is crazy but she would never do anything to hurt me." A.L. had researched Mother's illness and "found his own way of working with [her] when she gets into her manic state." When that happens, A.L. does not try to provoke her because he knows she will "quiet down soon." At school, A.L. has weekly discussions with his peers on various topics of concern to teenagers, including bullying, suicide, depression, as well as paranoid schizophrenia.
J.L.'s description of living at home with her parents was much the same as A.L.'s. Neither of them was afraid of anyone, and when they disobeyed their parents, the parents took away their phones and they were not allowed to use the computer except for homework. When Mother throws things, she does not aim at anyone; during the recent incident, J.L. "got in the way" and the shoe Mother threw "touched" her on her upper left arm. J.L. would like Mother to live with her, but would like Mother to get help; she wants Mother to recover.
According to the father, this was the first time Mother had become physical with family members. Although there were prior incidents where Mother threw objects, she never threw anything at any of them. Furthermore, the children are never alone with Mother; either the father or the paternal grandmother is always at home.
When interviewed by the social worker while at Charter Oak, Mother denied throwing anything on the day of the incident and said that the father
On October 13, 2016, the social worker learned that Mother was to be released from Charter Oak the following day, but the hospital could not find a placement for her because she had no income. The father told the social worker that he planned to pick Mother up because she had nowhere to go and "he is not going to put her out on the streets." The next day, the father and the children picked up Mother.
As a result, on October 17, 2016, DCFS removed the children from the family home. On October 20, DCFS filed its dependency petition. As sustained,
A detention hearing was held the same day. The juvenile court declared the father the children's presumed father, released them to his care and custody, and ordered Mother to vacate the family home, but provided her with monitored in person visits and unmonitored telephone contact with the children.
The jurisdiction hearing proceeded as scheduled on December 20, 2016. Mother, who had been residing in Arizona with the maternal grandmother
The juvenile court sustained the b-1 count in its entirety, dismissed the remaining counts, and declared the children dependents. As for disposition, the juvenile court ordered DCFS to provide family maintenance services to the father, enhancement services to Mother, and individual counseling for the children. The juvenile court also ordered Mother to participate in individual counseling and mental health evaluation and treatment, and directed DCFS to make its best efforts to facilitate Mother's participation in services in Arizona, where Mother was then living with the maternal grandmother. Lastly, the juvenile court set a review hearing for June 20, 2017, to address the appropriateness of closing the case.
Mother timely filed a notice of appeal.
We review the juvenile court's findings for substantial evidence. (In re A.G. (2013) 220 Cal.App.4th 675, 682-683 [163 Cal.Rptr.3d 383].) In so doing, we view the evidence in the light most favorable to the juvenile court's order, bearing in mind that, while substantial evidence may consist of inferences, inferences which are the result of speculation cannot support a finding. (Ibid.)
Indeed, the juvenile court was well aware of this principle. Before deciding the case, it acknowledged that Mother clearly had serious mental health issues, but questioned whether her mental illness had caused or would cause serious harm to the children. Counsel for DCFS, joined by minors' counsel, responded that A.L.'s actions in intervening in his parents' altercations, and thereby subjecting himself to a risk of substantial harm, show that the father failed to protect the children by allowing A.L. to take on this role.
Hanging its hat on the juvenile court's implicit finding that the father had not done enough to protect the children from Mother's mental illness, DCFS maintains there is no reason to believe that the father will be able to protect the children in the future should Mother return to the family home. DCFS contends that Mother's removal from the family home did not eliminate the risk and insists that, in the event Mother returns home and the family is faced with an incident such as the one which occurred on October 1, history will repeat itself and the father will again be unable to protect the children. We cannot agree.
Moreover, the evidence showed that A.L. and J.L. were well cared for in spite of the reality that Mother suffered from mental illness. They loved Mother and wanted her back in the home. Indeed, the family worked together to manage the situation and their efforts were successful. These children were not youngsters. A.L., who was almost 16 years old, was well aware of Mother's mental illness, had done research on the subject, and had discussed related issues in school. He knew what to do when Mother was in a manic state. During the October 1 incident, A.L.'s maturity and experience allowed him to help deescalate the situation.
The jurisdictional order made on December 20, 2016, is reversed, and the disposition order and all subsequent orders are vacated as moot.
Chaney, J., and Johnson, J., concurred.
At the Los Angeles County Department of Children and Family Services' (DCFS) request, we have taken judicial notice of a juvenile court minute order of June 20, 2017, whereby the court terminated dependency jurisdiction and issued family law exit orders granting the father sole physical custody and Mother monitored visits. In light of that order, the issue is moot in any event.