Fear Not Law CA Unpub Decisions

In re K.T. CA4/2

Filed 9/22/26 In re K.T. CA4/2
CA Unpub Decisions

Filed 9/22/26 In re K.T. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re K.T. et al., Persons Coming Under
the Juvenile Court Law.

RIVERSIDE COUNTY DEPARTMENT
OF PUBLIC SOCIAL SERVICES, E087190

Plaintiff and Respondent, (Super.Ct.No. DPSW2500238)

v. OPINION

B.T.,

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Sean P. Crandell, Judge.

Affirmed.

Clare M. Lemon, under appointment by the Court of Appeal, for Defendant and

Appellant.

Minh C. Tran, County Counsel, Jamila T. Purnell, Chief Assistant County

Counsel, and Catherine E. Rupp, Deputy County Counsel, for Plaintiff and Respondent.

1
B.T. (Father) appeals from the juvenile court’s disposition order and exit orders to

family court terminating the dependency action after vesting custody of his toddler

children, C.T. and K.T. (collectively, Minors), with R.K. (Mother). Father challenges the

sufficiency of the evidence to support the juvenile court’s jurisdictional findings under

Welfare and Institutions Code section 300 (all further statutory references are to this

code) and its order under section 361, subdivision (c), removing Minors from his custody.

Father’s challenges are without merit, and we therefore affirm the juvenile court’s

rulings.

BACKGROUND

The Children’s Services Division of the Riverside County Department of Public

Social Services (DPSS) responded in late July 2025 to an emergency response referral for

C.T., a girl, then almost 20 months old, and K.T., a boy, then almost five months old,

based on Father’s suicidal ideation, including a failed suicide attempt. Mother showed

law enforcement videos of conversations with Father within the past week admitting he

wanted to harm himself. One video depicted Father showing Mother a bullet while

telling her that “the primer to the gun did not go off because he’s ‘not good with guns.’ ”

In the other video, while the children were present with Father and Mother, Father

discussed with Mother his history of suicidal ideation. Mother was concerned that Father

seemed “fixated on having both children alone [with him] with no supervision.”

In initial law enforcement contact with Father, apparently by telephone, Father

“denied all the allegations,” but presented as “very agitated.” Law enforcement did not

2
attempt to initiate a mental health hold remotely, as Father said he did not have intrusive

thoughts at the time. Nonetheless, the responding social worker’s impression from

discussing the matter with the police was that Father was unstable and untruthful. She

learned he had a history of making 911 calls with unfounded accusations against Mother

for domestic violence and for “stealing his money,” and an officer noted Father’s mood

swings in calls to the department. Father told the police that he had access to firearms.

The social worker contacted Mother where she resided with the children and the

children’s maternal grandfather since moving out of Father’s home a couple of months

earlier. Mother denied engaging in domestic violence with Father, but said he would

“kick in doors and throw things at the wall such as toys, cups, and ‘anything that he had

in his hand.’ ”

Mother showed the social worker a video from two days earlier in which Father

said he had a “mental breakdown,” he admitted signs of his “poor mental health” over the

last six months, he blamed Mother for wanting to hurt himself, and he labeled Mother a

failure for not calling 911 the night he made an “attempt,” which he characterized as a

“cry for help” that should have “red flagged that night” because he was a danger to

himself. Father blamed the decline in his mental health on Mother finding out about his

infidelities. He expressed that he was glad he “survived” attempting to kill himself. He

said he was now in therapy, apparently implying improvement, but when Mother noted a

recent instance of suicidal ideation, Father lashed out that, over the last six months,

3
including “up to the previous weekend,” “someone should have done something”

regarding his poor mental health.

Mother showed the social worker another video from the week before in which

Father expressed suicidal ideation, a point he drove home by showing Mother a bullet

that had misfired. In response to Mother asking if he had attempted to kill himself,

Father confirmed that he had. He also said ambiguously, “I don’t think you’re going to

see anything like that changing because I’m going on my anti-psychotic medication.”

Mother denied that Father had ever threatened to harm her or the children. When asked

about substance use that might contribute to suicidal ideation, Mother mentioned Father’s

marijuana use.

A peace officer and a social worker contacted Father at his home, where Father

denied any suicidal intent. Father said he had a friend from Colorado take his two

firearms—a rifle and a handgun—late the previous month. Father claimed variously that

he smoked about “five joints [of marijuana] per two weeks” or “about one joint every two

days.” He disclosed autism and attention deficit/hyperactivity disorder diagnoses

(ADHD), for which he took medication, and he also received individual counseling

services. Shown Mother’s videos, Father talked over them while also playing a video

game on his phone.

Father asserted the faulty gun incident actually occurred three years previously

with an unnamed “ex” romantic partner, and he attributed the “mental breakdown” from

some months earlier that he mentioned in the other video to stress Mother caused him.

4
He insisted he had not concretely thought “of a way to hurt himself,” but instead “simply

just wanted to hurt himself.” He also claimed his suicidal ideation never involved use of

his weapons. Father blamed Mother and his therapist for not seeing “red flags”

indicating his suicidal thoughts.

Father’s therapist subsequently contacted the social worker at Father’s request.

The therapist reported that Father was not stable, “seemed like he had different

personalities,” and recommended that he receive a psychiatric evaluation. She had seen

Mother’s video recordings, about which Father complained Mother “tricked him into

talking about the ‘old stuff.’ ” The therapist did not believe Father’s explanation; instead,

she noted he had “a way [in which] whatever he tells himself is the ‘truth.’ ” The

therapist had previously brought to Father’s attention concerns that he exhibited multiple

personalities, as if he were “two different people.” Regarding the children, Father

vacillated in therapy between giving up custody, to never seeing them again, and then

changing his mind and showing a cooperative demeanor.

When the social worker texted Father to request that he participate in drug testing,

he answered that he could not do so that day due to work. Father then insisted that all

further communications be through email only, or else he would hire an attorney. Then

he texted the social worker: “I am allowed to be rude to you because you are an asshole

so go fuck yourself.” The social worker noted in his report that the exchange

corroborated earlier reports of Father’s drastic changes in mood and behavior.

5
Meanwhile, Mother obtained in family court a temporary restraining order against

Father, pending further proceedings in that court. On the same day, Father tested positive

for what the social worker noted were high levels of marijuana metabolites and Delta-9

THCC. The following week, Father texted the social worker a photograph of an official

looking “DV-800/JV-270” court form suggesting that he had just surrendered his rifle and

handgun to a licensed gun dealer, but the form did not include a case number or filing

stamp. Father previously had claimed he already gave his rifle and handgun to his

Colorado friend. Father also sent the social worker a “Certificate of Completion” for a

16-hour anger management class, but he would not answer, without an attorney present,

what prompted him to take the class.

The children’s paternal aunt spoke to the social worker about Father’s mental

health and mood swings. The mood swings were “significant” and longstanding,

observed “in the past” also by Father’s two teenage children from a prior relationship.

The aunt was not aware of any safety concerns for the older children in the past. She

believed Father’s mental health was currently exacerbated by “unresolved trauma

stemming from the paternal grandmother’s passing.” Father had shared with the aunt a

mental health evaluation he completed online, which he believed “went ‘great.’ ” The

aunt, however, had pointed out to him that he had not been forthcoming for the

evaluation. His omissions included minimizing his daily marijuana use as once every

two weeks and other “lies,” according to the aunt.

6
The aunt thought Father used his autism diagnosis to justify erratic behavior and to

manipulate Mother “to feel bad for him [to] get her to stay in the relationship.” The aunt

described Mother as timid and subject to intimidation by Father. The aunt believed

Father’s “goal was to have the children in his custody since [ ] [M]other would not

remain with him.” Father had recently filed for divorce in early July 2025.

The evaluation, said to be based on an outpatient “virtual visit” stated that Father

“Consistently reported no current suicidal ideations.” Summary information in the

evaluation included that Father “is a 34-year-old male, self-employed with seven children

from two marriages, currently in a stable relationship and under psychiatric care.” The

evaluation concluded with an “Assessment of risk factors” deemed to “suggest[] a low

current suicide risk. No red flags were identified.”

DPSS social workers filed a dependency petition in mid-August 2025, seeking

juvenile court protection for Minors under section 300, subdivision (b). The allegations

included that Mother failed to benefit from services in a prior child welfare referral and

that Father’s marijuana use and unresolved mental health history jeopardized Minors’

health, safety, and well-being, including because of suicidal ideation evidenced in the

recent video recording.

At the ensuing detention hearing (§ 319), the juvenile court found a prima facie

showing supported the petition allegations and detained Minors from parental custody.

The court vested custody with DPSS, but ordered that Minors remain in Mother’s care.

The court authorized two one-hour supervised visits weekly for Father with Minors. The

7
court also authorized reunification services for Father, including funding for a

psychiatrist, psychologist, or other clinical experts, as well as counseling, parenting

education, drug and alcohol testing, and substance abuse treatment. After hearing

testimony from Mother, Father, the maternal grandfather, and a maternal uncle, the court

issued a temporary restraining order (TRO) requiring Father to surrender any weapons

and to stay away from Mother and Minors, except for visitation with Minors, pending a

further hearing.

DPSS subsequently documented a prior domestic violence incident between

Mother and Father that had occurred back in May 2025. According to Mother, Father

became upset with her for asking a question, yelled insults and chased her, and kicked

open the bathroom door that Mother and C.T. hid behind.

A new social worker interviewed Mother and Father separately about their

perceptions of the family’s needs. Mother believed time was needed for Father to

participate in therapy, given his recent statements about suicide “and want[ing] to have

the kids alone while talking about suicide.”

Father informed the social worker he would “not be participating” in supervised

visitation. Nor would he submit to drug testing, viewing the requirement as “an

admission of guilt.” He saw the testing requirement, including before visits, as “the

Department . . . trying to accuse him of a crime.” Father declined to participate in any

reunification services ordered by the court; he refused to sign or return any of the release

8
of information forms for any services he obtained. Father declined any cooperation with

DPSS apart from an interview.

In the interview, Father expressed disappointment that “common sense was not

utilized” to resolve DPSS’s and the juvenile court’s safety concerns. He claimed his

recorded statements regarding self-harm were “made in emotion and taken out of

context.” He blamed the prior social worker for “only . . . search[ing] for what he wanted

to find,” despite Father providing the worker with his therapist’s and his pastor’s contact

information. Father did not acknowledge that the prior social worker told him his

therapist had contacted the worker with her concerns, including that he receive a

psychiatric evaluation.

Father summarized the family’s needs as follows: “What we need is a Judge to go

to the mom and say he wants to see his kids, he does not want to take them. You

[apparently referencing Mother] need to facilitate visits and not be vindictive.”

According to Father, Mother “needed a reminder that he made the kids as much as she

did, and so she needed to allow visitation.”

Mother cooperated with family maintenance services. Father stated she was “the

best mom for his children”; he did not propose alternate caregivers or placement; he

reiterated his assertion that “he was not asking for custody, just visitation.”

DPSS amended its petition in early September 2025 to strike the allegation

regarding Mother’s child welfare history as a basis for dependency jurisdiction. DPSS

recommended that the court assume dependency jurisdiction based on the petition

9
allegations and then close the dependency court proceedings with exit orders to family

court, vesting custody with Mother and authorizing supervised visitation for Father. At

Father’s request, the juvenile court set the pending jurisdictional hearing as contested.

The court left in place the TRO against Father pending the hearing date, with its

exception for visitation.

The social worker checked with Father about visiting Minors before the hearing,

since Father had not seen them in close to three months. C.T. was almost two years old

and was set to dress as Tinkerbell for Halloween. K.T., nearing six months old, would be

Peter Pan. Father declined. He said he was “not able to commit to [visitation] terms . . .

as they are currently ordered” by the court. He explained that he would “not allow the

state to violate my 4th amendment rights.” Father demanded that DPSS “come forward

with better terms to ensure that [he] has reasonable visits.”

Father also said he could not afford visits, including paying for gas and a visitation

monitor. The social worker told him the costs could be defrayed, including no cost for

DPSS to monitor visits; however, Father again declined, refusing the prerequisite saliva

test before each visit. Instead of visits, Father focused on “continuing with the private

sector services” he retained in lieu of court-supervised ones. He refused again to return

releases the social worker sent him, though she reminded him that the purpose was to

verify services with his providers.

Father and Mother appeared at the contested jurisdictional hearing. DPSS

continued to recommend that the juvenile court assume jurisdiction over Minors based on

10
the amended petition’s allegations, and then, in lieu of dependency court supervision,

issue exit orders to family court with custody to Mother and visitation for Father. The

court admitted DPSS’s reports without objection.

Minors’ counsel submitted on DPSS’s recommendation. Minors’ counsel

concurred with DPSS that “the Court can definitely find the allegation b-2 [regarding

jurisdiction based on Father’s mental health, including suicidal ideation] as true today.”

In submitting, counsel left for the court to determine whether “allegation b-3” regarding

Father’s marijuana use also supported jurisdiction.

Arguing against jurisdiction, Father asserted he had addressed in his private

services any concerns about his mental health and, therefore, “there’s not any current risk

of harm to the[] children.” Father did not testify or call any witnesses. He submitted for

the court’s consideration certificates he received for completing his private services.

These included, counsel for Father said, a 16-hour anger management class, a 12-hour

parenting class, a four-hour domestic violence class, and a four-hour conflict resolution

class.1 Father also disputed jurisdiction based on his marijuana use but, “being

proactive” according to counsel, he had completed an eight-hour marijuana education

course.

Father also included in his packet of exhibits a text message from Mother and a

letter from Father’s privately-retained individual counseling therapist. Counsel for Father

1 Apart from the anger management certificate, Father’s documentation is not in
the record on appeal. The court admitted the materials over DPSS’s objection, but it
appears Father did not designate the exhibits as part of the record on appeal, if they were
retained by the juvenile court, nor did he otherwise lodge them on appeal.

11
represented that the text message from Mother to Father showed that she did not move

out of the home she shared with Father “due to concerns about father’s mental health or

about any sort of fear of father,” but rather because of a “difficult therapy session.” No

details were given regarding the therapy session.

Counsel for Father also represented that the proffered letter from Father’s therapist

“indicat[ed] that father has been consistently attending weekly visits” for the last several

months, in which they “did address his depression, accompanied by his suicidal

thoughts.” According to counsel, the therapist’s “professional opinion [was] that he has

mentally stabilized, that he has learned the coping mechanisms that he needs to control

his emotional triggers,” and she additionally noted his “high level of commitment to

continuing with his treatment.” The therapist’s understanding, according to Father’s

counsel, was that Father’s unspecified “difficulties” addressed in therapy were due to

“being deprived of communication with his children,” presumably by Mother, at least in

Father’s view.2

Before ruling on the petition, the juvenile court inquired whether Father “ever

[authorized] any kind of release of information as to the various programs he completed

on his own which would allow the Department to interview and reach out to the providers

and get their information?” Father had not done so. DPSS objected to admission of

Father’s exhibits, including the certificates, because the court and the agency had “no

2 As with Father’s classroom certificates, neither the text message from Mother to
Father nor Father’s therapist’s letter is in the record on appeal.

12
way of knowing anything about these [documents], other than there’s a piece of paper

handed to us, and that’s it.” The court admitted the exhibits, but expressly gave them

“minimal weight.”

The court found the dependency petition allegations true, “with the caveat” that

the court amended the allegation regarding Father’s marijuana use to state “ ‘that the

father has a history of using’ [the drug] . . . , replac[ing] the word ‘abusing’ with ‘using.’ ”

As interlineated, the court sustained the petition based on risk posed to Minors by

Father’s “unresolved mental health issues” as stated in the petition, including his

“suicidal ideations,” and separately based on his marijuana use as well.

The court explained its ruling regarding Father’s mental health: “The real concern

is that dad engaged in behavior that causes everyone significant concern for his safety

and the safety of individuals who are around him, and I don’t necessarily have

information in front of me that compels this Court to believe that those issues have been

completely resolved.”

The court also concluded that removing Minors from Father’s physical custody

under section 361, subdivision (c), was necessary, by clear and convincing evidence, for

lack of trustworthy “recent information” that Father had resolved his issues. His

providers had “not been interviewed by the Department,” he “refused to participate in the

services provided by the Department, refused to test for the Department and [he] did miss

a significant amount of visitation.”

13
The court adopted DPSS’s recommendation to, in lieu of ongoing dependency

supervision and proceedings, “close the matter with sole physical and sole legal custody

to mother.” The court ordered visitation once a week for Father, an hour at a time and

supervised, but subject to being expanded upon approval by the family court. The court

also made the TRO permanent, again with its exception for visitation and subject to

modification or rescission by the family court.

In concluding remarks, the court “remind[ed] the parties that these orders are not

necessarily permanent.” The court explained: “There’s nothing preventing dad from

returning to family law court as he continues in his therapeutic programs and can

demonstrate to that court that he might be appropriately given types of visitation or

increased time with the children or the custodial arrangements [may] be changed.” The

court entered its jurisdictional findings, the disposition order removing Minors from

Father’s custody under section 361, its order closing the dependency proceedings, and

ensuing exit orders to family court vesting custody with Mother. Father now appeals.

DISCUSSION

Father challenges the sufficiency of the evidence to support the juvenile court’s

jurisdictional findings and the court’s order removing Minors from his custody before

issuing exit orders to family court. We first address one of Father’s jurisdictional

challenges, namely his contention that his suicidal ideation was solely in the past, thereby

posing no current risk for Minors in his care. Next, we find it unnecessary to address

Father’s challenge to a second independent basis for jurisdiction, i.e., his marijuana use.

14
Then we turn to his contention the evidence did not support removal of Minors from his

custody.

A. Jurisdiction: Governing Law and Analysis

The purpose of juvenile court jurisdiction is “to provide maximum safety and

protection for children wo are currently being physically, sexually, or emotionally abused,

being neglected, or being exploited, and to ensure the safety, protection, and physical and

emotional well-being of children who are at risk of that harm.” (§ 300.2.) Section 300,

subdivision (b)(1)(D), authorizes juvenile court jurisdiction when a parent cannot

adequately care for a child due to mental illness or substance abuse. Specifically,

dependency court protection is proper if the “child has suffered, or there is a substantial

risk that the child will suffer, serious physical harm or illness, as a result of . . . [t]he

inability of the parent or guardian to provide regular care for the child due to the parent’s

or guardian’s mental illness . . . or substance abuse.” (§ 300, subd. (b)(1)(D).)

Proof by the low threshold of a preponderance of the evidence warrants

jurisdiction. (§ 355, subd. (a); Cynthia D. v. Superior Court (1993) 5 Cal.4th 242, 248.)

Nevertheless, harm may not be presumed from the mere fact of a parent’s mental health

challenges. (In re A.L. (2017) 18 Cal.App.5th 1044, 1050; see In re Joaquin C. (2017)

15 Cal.App.5th 537, 563 [“mental illness is not itself a justification for exercising

dependency jurisdiction over a child”].) There must be a risk of harm traceable to the

parent’s mental condition. (Joaquin C., at p. 561 [parent’s condition or conduct must

cause risk of harm].) Similarly, jurisdiction for substance abuse requires drug or alcohol

15
use that “makes a parent or guardian unable to provide regular care for a child and . . .

this inability has caused the child to suffer serious physical harm or illness or creates a

substantial risk of such harm or illness.” (In re N.R. (2023) 15 Cal.5th 520, 558.)

The juvenile court does not have to predict or foresee the exact harm a child may

suffer if a parent fails to treat his or her mental health condition or substance abuse. A

substantial risk of harm suffices. (In re Travis C. (2017) 13 Cal.App.5th 1219, 1226-

1227 (Travis C.).) The court “need not wait until a child is seriously abused or injured to

assume jurisdiction and take the steps necessary to protect the child.” (In re R.V. (2012)

208 Cal.App.4th 837, 843 (R.V.).) The risk of harm must be ongoing as of the

jurisdiction hearing. (In re Cole L. (2021) 70 Cal.App.5th 591, 601-602.) “The court

may consider past events in deciding whether a child presently needs the court’s

protection. [Citations.] A parent’s ‘ “[p]ast conduct may be probative of current

conditions” if there is reason to believe that the conduct will continue.’ [Citations.]”

(Id. at p. 602; accord, e.g., In re T.V. (2013) 217 Cal.App.4th 126, 133.) [“A parent’s past

conduct is a good predictor of future behavior.”].)

We review the juvenile court’s decision to assume jurisdiction under the

substantial evidence standard. “ ‘Substantial evidence is evidence that is “reasonable,

credible, and of solid value”; such that a reasonable trier of fact could make such

findings.’ ” (In re L.W. (2019) 32 Cal.App.5th 840, 848 (L.W.).) “The appellant has the

burden of showing there is no evidence of a sufficiently substantial nature to support the

findings or order.” (R.V., supra, 208 Cal.App.4th at p. 843.) Our review is deferential.

16
“We do not evaluate the credibility of witnesses, attempt to resolve conflicts in the

evidence or determine the weight of the evidence. Instead, we draw all reasonable

inferences in support of the findings, view the record favorably to the juvenile court’s

order and affirm the order even if there is other evidence supporting a contrary finding.”

(Ibid.)

Father argues that his acknowledged mental health issues, including past instances

of suicidal ideation, did not create a risk of serious physical harm or illness for Minors at

the time of the jurisdictional hearing. (See L.W., supra, 109 Cal.App.5th at p. 1018.) We

are not persuaded.

Simply put, it was for the juvenile court to determine Father’s credibility. The

court could reasonably determine that Father’s history of falsely claiming his suicidal

ideation was in the past, in conjunction with his unwillingness to undergo credible

psychiatric testing or have his counseling and coursework claims tested by the court or

DPSS, meant the risk of harm to Minors if left in his care remained ongoing.

Father does not dispute that mental distress that pushes a parent to the brink of

suicide presents a grave risk of harm to a child in the parent’s care. Father had claimed

that Mother’s videos referred to incidents in the past, but in virtually the same breath he

admitted that his “red flag” cries for help warranting 911 emergency intervention

continued up to the weekend before Mother sought dependency protection. The court

could reasonably conclude that Father’s dangerous state of mind did not abruptly cease

when Mother requested help. Father claimed he never had concrete plans to harm

17
himself and disclaimed intent to use his firearms for self-harm, but this was belied by his

own actions and statements. He showed Mother in admitting current suicidal thoughts

the bullet that misfired in one of his attempts. Father put the court in the position of

having to decide whether he was lying when he insisted he needed help or when he said

he didn’t. Mother, the agency, and the court could all be reasonably concerned for

Father’s safety and the safety of Minors in his care when Father said not to expect his

fragile mental state to improve with psychotropic medication. Of further concern, there

was no evidence Father obtained this or other medication to address his recently admitted

suicidal ideation. Father’s own privately retained therapist also said he was

untrustworthy, manipulative, and needed psychiatric testing and help. The contrary, self-

serving online assessment Father furnished was transparently worthless.

We must also view the rest of the evidence regarding Father’s subsequent

treatment—or the lack thereof—in the light most favorable to the juvenile court's

findings, and we cannot reweigh the evidence. (In re I.J. (2013) 56 Cal.4th 766, 773

(I.J.).) Representations by Father’s counsel at the jurisdictional hearing did not constitute

evidence his mental health had improved. (See, e.g., In re Zeth S. (2003) 31 Cal.4th 396,

413, fn. 11 [“unsworn statements of counsel are not evidence”].) Father provided at the

jurisdictional hearing what he said was his therapist’s updated, favorable assessment of

his mental health, but he would not allow the court or DPSS to ask him, his therapist, or

any of his providers any questions to corroborate his improvement claims. It was the

court’s prerogative, which we may not second guess, to discount Father’s evidence.

18
Moreover, Father omits the evidence from the record on appeal, and we therefore must

presume the trial court’s examination of the evidence supported the court’s ruling,

especially given that Father precluded even a DPSS telephone call to confirm any of the

evidence, let alone cross-examination. (See Denham v. Superior Court (1970) 2 Cal.2d

557, 564 [lower court’s ruling presumed correct; appellant bears burden to affirmatively

establish error]; see, e.g., Stasz v. Eisenberg (2010) 190 Cal.App.4th 1032, 1039

[obligation rests on appellant “to present a complete record for appellate review”].)

In the absence of credible evidence that Father’s mental state had improved and

suicide was no longer a risk, the juvenile court could reasonably act with due protective

caution to assume jurisdiction over Minors. Travis C., supra, 13 Cal.App.5th 1219 is

instructive. There, the mother’s mental health issues included not only delusions and

paranoia, which she minimized, but also threats to take her own life. The mother was not

medication compliant and refused regular, consistent psychiatric care, bouncing among

providers. (Id. at p. 1222.) The mother had significant time alone with the children and

threatened to leave the home of maternal relatives, who sometimes intervened to protect

the children. (Ibid.) The juvenile court in Travis C. rejected the mother’s argument that

any potential harm to the children from her poor mental health was merely speculative,

and the appellate court upheld the ruling. (Id. at pp. 1225-1226.)

We do so similarly here, where Father sought to have Minors alone in his care

despite what the juvenile court could conclude was a recent suicide attempt, in

conjunction with evidence indicating Father’s poor mental health remained a risk. This

19
included Father’s lengthy, unresolved history of suicidal ideation and noncredible

statements minimizing past and current risk of engaging in self-harm, Father’s dismissive

assessment that psychotropic medication would not change his mindset, his implicit

refusal to begin or comply with a medication regimen, his subversion of recommended

professional psychiatric care by substituting a noncredible virtual evaluation, and the

absence of any credible evidence showing improvement in his mental health. The

juvenile court did not err in sustaining jurisdiction on mental health grounds in these

circumstances.

Father also disputes the additional basis on which the juvenile court found

jurisdiction: namely, his marijuana use. However, given our conclusion that substantial

evidence supports one of the juvenile court’s jurisdictional findings, we need not address

the sufficiency of the evidence to support this alternative finding. (In re I.J., supra,

56 Cal.4th at p. 773.) “As a general rule, a single jurisdictional finding supported by

substantial evidence is sufficient to support jurisdiction and render moot a challenge to

the other findings.” (In re M.W. (2015) 238 Cal.App.4th 1444, 1452; see In re M.R.

(2017) 7 Cal.App.5th 886, 896 [“ ‘[T]he juvenile court’s exercise of jurisdiction . . . will

be upheld if substantial evidence supports any one of the statutory bases for jurisdiction

enumerated in the petition.’ ”].)

Review of alternate jurisdictional grounds is moot when “no effective relief could

be granted.” (In re Madison S. (2017) 15 Cal.App.5th 308, 329.) That is the case here

given that “jurisdiction would be established regardless of the appellate court’s

20
conclusions with respect to any such [alternate, challenged] jurisdictional grounds.”

(Ibid.) We note also that it would be a waste of judicial resources to consider whether to

uphold the juvenile court’s jurisdiction ruling on an alternate, additional ground when the

family law court must review all the circumstances as they may have developed further, if

Father seeks custody or increased visitation in those proceedings. We therefore decline to

review Father’s superfluous, secondary jurisdictional challenge.

B. Removal: Governing Law and Analysis

Once the juvenile court finds a child to be within its jurisdiction, the court must

conduct a dispositional hearing to determine whether removal of the child from the

parent’s custody is necessary. (§ 361, subd. (c); In re N.M. (2011) 197 Cal.App.4th 159,

169 (N.M.).) “A removal order is proper if based on proof of parental inability to provide

proper care for the child and proof of a potential detriment to the child if he or she

remains with the parent. [Citation.] ‘The parent need not be dangerous and the minor

need not have been actually harmed before removal is appropriate. The focus of the

statute is on averting harm to the child.’ [Citation.]” (N.M. at pp. 169-170.) There must

be “clear and convincing evidence that removal is the only way to protect the child.” (Id.

at p. 170.) The court may consider a parent’s past conduct, present circumstances, and

response to the conditions giving rise to the dependency proceedings. (In re Cole C.

(2009) 174 Cal.App.4th 900, 917.)

Whether conditions in the home present a risk of harm to the child is a factual

issue, and we apply the substantial evidence test on review. (N.M., supra,

21
197 Cal.App.4th at p. 170.) Under that standard, the appellate court “ ‘must view the

record in the light most favorable to the prevailing party below and give due deference to

how the trier of fact may have evaluated the credibility of witnesses, resolved conflicts in

the evidence, and drawn reasonable inferences from the evidence.’ ” (In re V.L. (2020)

54 Cal.App.5th 147, 155.)

As a preliminary matter, DPSS contends Father waived his appellate challenge to

the juvenile court’s custody removal order because, once jurisdiction was established,

Father “submit[ted]” to the dependency closing with exit orders to family court. DPSS

points to Father’s counsel’s statement at the hearing that, “[i]f the Court is finding the

[jurisdictional] allegations true today, we would submit on the case closing. I would be

asking for supervised visitation for father a minimum of two hours per week . . . .” We

agree that Father forfeited his appellate challenge to the removal of Minors from his

custody. Even assuming arguendo that Father did not forfeit his challenge, substantial

evidence supports removal.

A party’s decision to “submit” in dependency proceedings can have different

meanings—with different consequences. “[A] parent who submits on the reports in

evidence does not forfeit the right to appeal the juvenile court’s orders.” (T.V., supra,

217 Cal.App.4th at p. 136, italics added.) When a party “submits” in the sense of

declining to present further evidence or argument, so that the trier of fact may proceed to

rendering its decision “ ‘on a particular record,’ ” no forfeiture occurs. (Ibid.) Upon

submission in this manner, “the court must nevertheless weigh evidence, make

22
appropriate evidentiary findings and apply relevant law to determine whether the case has

been proved.” (Ibid.) Thus, “the parent acquiesces as to the state of the evidence yet

preserves the right to challenge it as insufficient to support a particular legal conclusion.”

(Ibid.)

“Only when a parent submits on a social worker’s recommendation does he or she

forfeit the right to contest the juvenile court’s decision if it coincides with that

recommendation.” (T.V., supra, 217 Cal.App.4th at p. 136.) Submission in this sense “in

essence . . . endorses the court’s issuance of the recommended findings and orders.”

(Steve J. v. Superior Court (1995) 35 Cal.App.4th 798, 813.)

Here, the social worker’s report for the jurisdictional hearing recommended exit

orders to family court instead of dependency court supervision, with custody of Minors to

Mother and “reasonable” visitation for Father. At the hearing, Mother argued for

visitation just once a month based on Father failing to verify any of his services, his

refusal to visit Minors, and the fact that Father “still blames mother for not having the

visits” authorized by the court. Father, through counsel, “submit[ted] on the case

closing” if the court sustained jurisdiction, and asked “for supervised visitation . . . a

minimum of two hours per week,” in contrast to Mother “asking for once a month.”

Father did not mention custody.

Father’s statement through counsel, “[S]ubmit on the case closing,” can be read to

mean that he concurred in an outcome, i.e., exit orders, but that he did not endorse or

acquiesce in any particular determination of custody in those orders. In that case, his

23
submission would be similar to submitting on a social worker’s report, rather than on a

particular custody recommendation. Undercutting this conclusion, however, is the fact

that in submitting the matter Father only argued for visitation (weekly), not for custody.

His request solely for visitation implies he conceded custody to Mother. He also

conceded that visitation would be supervised, which is inconsistent with challenging

removal of his physical custody rights.

Additionally, we note that in Father’s social worker interview for the jurisdictional

hearing, he only sought visitation and disclaimed any interest in custody. He expressly

stated “he was not asking for custody, just visitation.” Reiterating the point, he said he

“wants to see his kids, . . . not . . . take them.” In this vein, we also note that Father in his

appeal checkmarked the box indicating his challenge was to the juvenile court’s

“section 300 jurisdictional findings,” and he left unchecked the box contesting “Removal

of custody from parent or guardian.” For all of these reasons, we conclude Father

forfeited the appellate challenge he now attempts to raise against the court’s custody

removal order.

Nonetheless, even assuming for the sake of argument that Father did not forfeit his

challenge, substantial evidence supports removal—largely for the same reasons. The

purpose of section 361, subdivision (c), is to protect a parent or guardian’s “physical

custody” interest while ensuring there is no “substantial danger to the physical health,

safety, protection, or physical or emotional well-being of the minor if the minor were

24
returned home.” (Id., subd. (c)(1).) There must be no reasonable alternatives to protect

the child, apart from removal. (Ibid.; N.M., supra, 197 Cal.App.4th at p. 170.)

Removal was proper here where the evidence supported the conclusion Father

recently attempted suicide and his initial push for having Minors alone in his physical

custody justifiably raised alarm bells. A parent’s suicidal ideation poses a clear, obvious

risk to children in their custody (see Travis C., supra, 13 Cal.App.5th at pp. 1225-1226),

particularly here where Minors could not care for themselves if Father harmed himself.

Father’s chosen method in previously attempting to shoot himself highlighted devastating

potential direct harm to Minors in Father’s custody, whether from a stray bullet or

witnessing violent self-harm. Father’s lengthy history of suicidal ideation raised the

stakes that there was no easy fix, and Father’s refusal to seek psychiatric evaluation and

treatment from a credible professional, to participate in verified services, and even to visit

Minors were all cause for concern. There were no alternatives to removal from Father’s

custody where he identified no one to help him and where, indeed, he did not want

Minors in his custody. Substantial evidence supports the juvenile court’s order.

25
DISPOSITION

The juvenile court’s jurisdictional findings, removal order, and exit orders with

sole custody to Mother are affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
LEE
J.
We concur:

McKINSTER
Acting P. J.

RAPHAEL
J.

26

← Back to CA Unpub Decisions · Knowledge Base
Lean view · served in 2 ms · full site view