Filed 11/17/20 In re Emily M. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN In re EMILY M., a Person B304431 Coming Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 19CCJP06060A) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. JESSICA C., Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Craig S. Barnes, Judge. Affirmed in part, reversed in part and remanded with directions. Michelle E. Butler, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Kim Nemoy, Assistant County Counsel and Jacklyn K. Louie, Principal Deputy County Counsel, for Plaintiff and Respondent. ___________________________________ Jessica C., mother of one-year-old Emily M., appeals from the jurisdiction finding and disposition order declaring Emily a dependent of the juvenile court and removing Emily from Jessica’s custody after the court sustained a petition pursuant to Welfare and Institutions Code section 3001 alleging Jessica had mental and emotional problems that rendered her incapable of caring for Emily. Jessica contends the court’s jurisdiction finding and disposition order were not supported by substantial evidence. We reverse the jurisdiction finding as to Jessica, reverse the order removing Emily from Jessica’s custody and remand for further findings as to whether reasonable means exist to protect Emily short of removal from Jessica. FACTUAL AND PROCEDURAL BACKGROUND 1. The Detention of Emily In August 2019 the Los Angeles County Department of Children and Family Services (Department) received a report that, on August 9, 2019, Max M., Emily’s presumed father, had physically abused Jessica, who was three months pregnant, while she was holding four-month-old Emily. When interviewed by a Department social worker five days after the incident, Jessica 1 Statutory references are to this code. 2 said Max had been angry at her for not answering his calls earlier in the day. When she returned home, Max yelled at her and pushed her. Jessica tried to call for help; but Max grabbed her phone and threw it on the ground, causing it to break. Jessica picked up Emily and left the house, intending to walk to a nearby relative’s house. Max followed her, pulled her by the hair, grabbed her arm and told her she “wasn’t going anywhere.” A passerby threatened to call the police, at which point Max returned home and Jessica was able to safely take Emily to her friend’s house. The next day Jessica called the police, and reported the incident. The police report and the social worker’s report stated Jessica had four bruises on her shoulders as a result of Max grabbing her. Max was arrested ...
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