In re J.A.

Filed 1/18/07  In re J.A. CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

            Alameda County Social Services Agency (agency) filed a petition pursuant to section 300, subdivision (b) of the Welfare and Institutions Code^[1] on behalf of J.A. and D.A.  Following a jurisdiction and disposition hearing, the juvenile court found the allegations in the amended petition true and removed both boys from the custody of K.H. (mother).  Mother contends that the court made its jurisdiction findings without providing her with the admonishments required under California Rules of Court, rules 5.534(j)(1) and 5.682(b),^[2] and such error requires automatic reversal.  Additionally, she maintains that substantial evidence did not support the jurisdiction and disposition findings.  We conclude that the juvenile court erred in failing to provide the required admonishments, but such error was harmless.  We also determine that substantial evidence supported the lower court's jurisdiction and disposition findings. 

BACKGROUND

On March 24, 2006, agency filed a petition on behalf of D.A. and J.A., two sons of mother, alleging that the boys came within the provisions of section 300, subdivision (b).  At the time of the petition, D.A. was 12 years old and J.A. was six years old.  The petition asserted that on March 13, 2006, mother contacted agency to report that she had hit J.A. with a belt when he was biting or attempting to bite his younger, four-year-old half brother, I.O.  Mother stated that she hit J.A. with a belt and, when he moved, she inadvertently struck him on the lower right cheek, causing â€