In re A.P. CA4/2
O.P. (father) appeals the juvenile court’s jurisdictional finding and dispositional order regarding his infant daughter. (Welf. & Inst. Code, § 300, subd. (b), unlabeled statutory citations refer to this code.) Father argues the court’s jurisdictional finding that he failed to protect his daughter from the danger posed by the maternal uncle and his partner lacks evidentiary support because, by the time the department filed the dependency petition, he and his daughter did not live with the uncle. He also argues that because the defined risk of harm was already eliminated by the time of the jurisdictional finding, the court’s dispositional order was an abuse of discretion. We agree and therefore reverse the jurisdictional finding and dispositional order. Dependency jurisdiction must be based on current, not past, risk of harm. (In re J.N. (2010) 181 Cal.App.4th 1010, 1022 (J.N.).)
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