In re R.K. CA6

I. FACTS AND PROCEDURAL BACKGROUND3

Mother gave birth to R.K. in June 2021 and N.K. in September 2022. Both children were exposed to methamphetamine and other illegal substances at birth. In 2021, the Department received a referral of general neglect of R.K. after he was diagnosed with a failure to thrive. The outcome of the referral was inconclusive because the Department was unable to locate the family. A couple weeks prior to N.K.’s birth, the Department received another referral of general neglect of R.K. after an anonymous source requested a welfare check at the family’s parked minibus. Law enforcement was unable to locate the family but determined that the minibus was unsafe and uninhabitable. At N.K.’s birth, the Department received the current referral indicating N.K. had tested positive for fentanyl and methamphetamine. N.K. was placed into protective custody, and Mother left the hospital against medical advice. Law enforcement then conducted a welfare check and located both parents and R.K. at their recreational vehicle. The officers did not believe Mother was under the influence or that there was any immediate threat of safety to R.K., so R.K. was not detained under a…