CA2/3

In re Emma v. CA2/3

Good Law
Court of Appeal of CaliforniaSeptember 12, 2013B245807California2,047 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

Emma was born in 2008 to mother and M.V. (father).2 Mother had a history of substance abuse, was a current abuser of alcohol, and had mental and emotional problems.3 Father had a history of substance abuse. Emma was a prior court dependent from September 2008 to December 2009. She was reunited with mother. Emma was detained on March 14, 2011, when mother allowed a stranger to drive her away, and a section 300 petition was filed by the Department of Children and Family Services (“Department”). On May 16, 2011, Emma was declared a dependent of the court based on sustained allegations under section 300, subdivision (b), as to mother, that the child was at substantial risk of serious physical harm due to mother’s failure to adequately protect her, willful or negligent failure to supervise her adequately, and inability to provide regular care due to mental illness and substance abuse. The court found the ICWA did not apply. Custody was taken from parents. The Department was ordered to provide reunification services.

All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

The dependency court…

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