In re Sheila K. CA1/5

BACKGROUND

Appellant, born in February 2010, was taken into protective custody on September 8, 2012, and placed in a foster home after her mother J.W. (Mother), the custodial parent, was hospitalized from overdosing on Vicodin. The Agency filed a petition alleging appellant was within the jurisdiction of the juvenile court under section 300, subdivisions (b) and (j). The allegations related to Mother’s current and past use of Vicodin, Mother’s history of housing instability, and Father’s criminal history, as well as the fact that two older siblings are dependents of the juvenile court in a legal guardianship. Father was present at the detention hearing and was determined to be appellant’s presumed father. Father had recently been incarcerated for possession of a controlled substance with the intent to sell; he was released in June 2012. On September 18, 2012, a notice was filed reflecting that appellant had been released to Father’s care. In its September 24 jurisdiction/disposition report, the Agency recommended the section 300 petition be dismissed and appellant remain in Father’s custody. The report indicated Father had demonstrated his ability to care for appellant and…