T.C.

T.C. v. Superior Court CA4/2

Good Law
Court of Appeal of CaliforniaNovember 7, 2024E084296California1,922 words

Opinion

Opinion

BACKGROUND

Mother and S.S. (father) are the parents of P.S. and D.S. The family came to the

attention of real party in interest, San Bernardino County Department of Children and

Family Services (the Department) in October 2023, when P.S. was born with a positive

toxicology for amphetamines and opiates, and suffered withdrawal symptoms. Mother

also tested positive for those substances as well as for Fentanyl.

Mother claimed she tested positive for amphetamines and opiates because she was

taking Tramadol and Adderall prescribed for her, and did not know why she tested

positive for Fentanyl. She admitted abusing substances (heroin) over 20 years ago and

“went to rehab” when she was 19 years old. The maternal aunt reported mother had

battled with opiate use since she was young and expressed concern that mother was

actively using “substances.”

The Department took P.S. and two-year-old D.S. into protective custody and filed

section 300 juvenile dependency petitions on their behalf.

All statutory references herein are to the Welfare and Institutions Code unless otherwise noted. All references to rules are to California’s Rules of Court.

I. The Detention…

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