Justia Juvenile Law Opinion Summaries

The case involves Amber C., the mother of a two-year-old child, Kieran S., who appealed from the juvenile court’s jurisdiction findings and disposition orders after the court sustained a petition by the Los Angeles County Department of Children and Family Services. The petition was filed under Welfare and Institutions Code section 300, subdivision (b), alleging that Amber's substance abuse posed a substantial risk of serious physical harm to Kieran. The Department received a referral in April 2019, stating that the parents used drugs in the child's presence. Amber tested positive for amphetamine, methamphetamine, and morphine. Despite her positive test results, Amber denied using methamphetamine and claimed she did not use any drugs while with Kieran. After failing to cooperate with welfare checks and evading the Department, Amber absconded with Kieran.The juvenile court sustained counts under section 300, subdivision (b), alleging Amber abused substances, failed to protect Kieran from Victor’s mental and emotional issues, and absconded with Kieran. At the disposition hearing, the juvenile court declared Kieran a dependent child of the court, removed him from his parents, ordered Amber to attend a drug treatment program, and ordered reunification services. Amber appealed from the jurisdiction findings and disposition orders, arguing that there was no evidence she was under the influence of drugs when Kieran was detained and that there was no evidence of neglect or risk of harm to Kieran in her care.The Supreme Court granted Amber’s petition for review and transferred the case back to the Court of Appeal with directions to vacate its prior decision and reconsider Amber’s appeal in light of In re N.R., which held that substance abuse is not prima facie evidence of a parent’s inability to provide regular care to a child of tender years. The Court of Appeal found that substantial evidence supported the juvenile court’s finding Amber’s drug abuse created a substantial risk of physical harm to Kieran and affirmed the juvenile court’s jurisdiction findings and disposition orders. View "In re Kieran S." on Justia Law