In re D.A. CA4/1

FACTS AND PROCEDURAL BACKGROUND

D.A. was born in January 2013. He tested positive for marijuana and suffered

from sepsis and respiratory distress syndrome. Mother, who was then 19 years old,

admitted she had smoked marijuana since she was 16 and that she used marijuana until

two days prior to D.A.'s birth. Mother said her boyfriend, Eric, with whom she was

living, smoked marijuana daily. She believed the smoke may have contributed to D.A.'s

respiratory problems.

On January 29, 2013, the Health and Human Services Agency (Agency) filed a

petition on behalf of D.A. alleging he was at risk of serious harm by reason of Mother's

inability to protect the child or provide regular care because of her substance abuse. The

1 All further statutory references are to the Welfare and Institutions Code unless otherwise specified. 2 Agency alleged Mother had received limited prenatal care and that Eric had also admitted

a history of marijuana abuse.

D.A. was detained out of home and a jurisdiction and disposition hearing was set

for March 25, 2013. At that hearing the court received the various reports of social

workers and heard testimony from social worker…