Alexis L. v. Superior Court CA1/1

Good Law
Court of Appeal of CaliforniaJuly 29, 2024A170509California3,409 words

Opinion

Opinion

Wilson, J.

I. BACKGROUND

A. The Dependency Petition and Exercise of Jurisdiction In November 2022, the Agency received a report from Mother’s neighbor of general neglect of then six-year-old S.L. and three-year-old O.L. The neighbor alleged that when she heard “persistent crying” from O.L., she entered Mother’s apartment and found her unresponsive on the floor, with “[s]ubstances and paraphernalia” nearby. After paramedics arrived, Mother woke up and admitted to smoking fentanyl. On December 23, 2022, the Agency filed a dependency petition alleging that S.L. and O.L. came within section 300, subdivisions (b)(1) and (c). Specifically, the petition alleged that Mother had substance abuse issues which impeded her ability to care for S.L. and O.L. In addition, Mother required further assessment and treatment for her mental health. The petition further alleged that there was a substantial risk the children would suffer serious physical harm or death, noting that in 2017, S.L. was temporarily removed from his parents’ care after he ingested heroine and methamphetamine. The petition also alleged that the children were suffering serious emotional damage.2 S.L. and O.L. were taken into protective…

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