In re BABY BOY M.

Filed 7/19/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

APPEAL from orders of the Superior Court of Los Angeles County, Stanley Genser, Commissioner. Reversed.

Jesse F. Rodriguez, under appointment by the Court of Appeal, for Defendant and Appellant.

Aida Aslanian, under appointment by the Court of Appeal, for Baby Boy M.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Pamela S. Landeros, Deputy County Counsel, for Plaintiff and Respondent.

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Tiffany M., the mother of Baby Boy M., appeals from juvenile court orders declaring Baby Boy M., whose whereabouts are unknown, a dependent child of the court; denying Tiffany family reunification services; identifying long-term foster care as Baby Boy M.'s permanent plan; and ordering permanent placement services for the child if he is ever found. Tiffany contends the juvenile court lacks jurisdiction to make custody determinations regarding her missing son and, in any event, the court should not have conducted the jurisdiction and disposition hearing until Baby Boy M. and his biological father are located. We agree and reverse all orders entered after the April 8, 2005 detention hearing. The matter is remanded with directions to the juvenile court to maintain in full force and effect the protective custody warrant issued for Baby Boy M., to set the matter for periodic review hearings as required by law and to take such further acts as are necessary to secure the return of the child.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Initial Dependency Petitions on Behalf of Tiffany's First Three Children

On approximately September 14, 2001 Tiffany's three-month-old daughter Eleasah H. was admitted to the hospital with multiple fractures ‑‑ from one to six weeks old ‑‑ that were consistent with physical abuse and would not ordinarily occur except as a result of neglectful acts or omissions by Eleasah's parents. (Eleasah was in the care of both her father Jeremy H., Sr. and Tiffany at the time of the injuries.) The Los Angeles County Department of Children and Family Services (Department) filed a petition on September 20, 2001 to declare Eleasah and her 20-month old sibling Desire H. dependent children of the court under Welfare and Institutions Code section 300, subdivisions (a), (b), (e), (i) and (j),[1] alleging serious physical harm, failure to protect, severe physical abuse of a child under five, cruelty and abuse of a sibling.[2] Eleasah, who was born with a neurological condition, was initially put on â€