C.A. 2nd;
B278331

The Second Appellate District reversed a dependency court order. The court held that an incarcerated parent's admitted gang affiliation was not substantial evidence supporting dependency jurisdiction.

Three-month old C.V. lived with his mother. His father visited the home a couple of times a week. Father was arrested for a probation violation. At the time of the arrest, discovered a backpack in mother's bedroom, wedged in between the mattress and the wall, contained an unloaded rifle and a box of ammunition. The deputies seized the backpack. The Los Angeles County Department of Children and Family Services initiated dependency proceedings, alleging that C.V. was at risk because of his father's gang affiliation and the presence of the rifle in the home. The dependency court ordered C.V. detained in mother's custody.