Filed 8/13/21 In re Ender H. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE In re ENDER H., et al., Persons B311003 Coming Under the Juvenile Court Law. _____________________________________ LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. 20CCJP04185A FAMILY SERVICES, & B) Plaintiff and Respondent, v. JOSE G., Defendant and Appellant; ENDER H., et al., Minors, etc., Appellants. APPEAL from orders of the Superior Court of Los Angeles County, Lisa A. Brackelmanns, Judge. Reversed. Zaragoza Law Office and Gina Zaragoza, under appointment by the Court of Appeal, for Defendant and Appellant Jose G. Lori Siegel, under appointment by the Court of Appeal, for Minors and Appellants Ender H. and Jacob H. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel for Plaintiff and Respondent. _________________________ The juvenile court sustained allegations of domestic violence and methamphetamine abuse against Jose G. (father) and asserted jurisdiction over his two sons, Ender H. and Jacob H. Although the juvenile court had returned the children to father’s custody by the time of the disposition hearing, the juvenile court declared the children dependents, retained jurisdiction, and ordered family preservation services. Father and the minors now appeal the jurisdictional and dispositional orders. We agree there was insufficient evidence to support the jurisdictional orders. Accordingly, we reverse. BACKGROUND I. Report of neglect and investigation The family consists of father, 10-year-old Ender, and eight- year-old Jacob. In mid-July 2020, the family came to the attention of the Los Angeles County Department of Children and Family Services (DCFS) when it received a report they were living in an abandoned home without utilities. The property’s manager told social workers that the house was going to be demolished so he let the family live there. Paternal aunt, her children, and paternal aunt’s boyfriend also lived in the house; however, the house was divided into units, and she lived in one separate from father. Father and his sons had been living in the house for six to seven months. However, the home had no 2 electricity, gas, or running water. The property manager said that the children were nonetheless well cared for, and he had no concerns about domestic or substance abuse. Father explained that he had been homeless for two to three years. He worked as a gardener. The family used to live with the children’s mother, but she was deported after attacking father with a knife in 2018. Since then, father had been his sons’ sole caregiver. When father’s motel vouchers ran out, he could not afford to pay for a motel. He planned to get new vouchers …
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