Eduardo L. v. Superior Court CA1/1

I. BACKGROUND

A. Detention and Petition On February 11, 2013, when minor was approximately six weeks old, the Sonoma County Human Services Department (Department) filed a petition under section 300, subdivisions (b) and (g) requesting formal detention of minor, following her mother‘s (Mother) arrest for violating parole and felony possession of methamphetamines. The petition listed four possible parents: Mother, alleged father, Shawn F., alleged father, Eduardo L. (petitioner herein), and legal father, Craig B., who was married to Mother. The petition alleged in separate counts that Mother had a substance abuse problem which placed minor at substantial risk of harm in her care; alleged father Eduardo L. had a substance abuse problem and a history of domestic violence, both of which placed minor at substantial risk of harm in his care, and that each of the four named parents were unavailable to care for minor.2 The petition alleged that Mother was arrested on or about February 7, 2013, and that Mother had used methamphetamines while pregnant with minor. It further alleged Eduardo was arrested for violation of parole and possession of a controlled substance on February 7, 2013, for…