Substantial evidence did not support jurisdiction findings where there was no evidence Mother’s mental health issues were untreated or that they prevented her from adequately parenting L.W. L.W. had been living in a shelter with Mother, maternal grandmother, and two of her sisters, who were in a guardianship with grandmother. Mother was struggling with the family circumstances and left to pick up food, not returning for a week. The shelter called the police because L.W. did not have a legal guardian at the shelter. Neither L.W. nor her sisters reported any neglect or abuse. Mother was enrolled in a mental health treatment program and was prescribed medication by a psychiatrist. The juvenile court found jurisdiction pursuant to section 300, subdivisions (b) and (g). Mother appealed and the reviewing court reversed. There was insufficient evidence to support the section 300, subdivision (g) finding because at the time of removal and at the time of the jurisdiction hearing, there were at least two responsible adults who were willing and able to care for L.W. – maternal grandmother and step-father. Further, there was insufficient evidence to support the subdivision (b) allegation that Mother had untreated mental illness because she had sought, and was complying with, mental health treatment. Additionally, the Agency presented no evidence that L.W. had been harmed or was at substantial risk of harm due to Mother’s mental health issues where Mother’s disappearance was a one-time event and Mother had left L.W. with a capable caregiver.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/A170656.PDF