In re D.P. CA2/3

BACKGROUND

On June 20, 2023, prison staff found D.P.’s father dead in his cell. Two intact bindles of methamphetamine and one ruptured bindle were recovered from father’s stomach during an autopsy.3 The coroner determined the cause of death was methamphetamine intoxication. A search of father’s cell uncovered another bindle containing methamphetamine as well as notes indicating the distribution of narcotics. At the time of his death, father had only four approved visitors—mother, D.P., D.P.’s half-brother A.B., and another friend. Mother had visited father four times since his incarceration in May 2018. The most recent visits had occurred on June 16 and June 17, 2023 (three days before father’s death).

Mother has requested we take judicial notice of court records showing that D.P. was subsequently returned to the Department’s custody and that mother has since been in compliance with her case plan. We grant the request. While there is no question that mother’s violation was serious and likely endangering to her child, the juvenile court was and is in a far better position to address these matters than we are, and, in any event, there is nothing to indicate mother remains in “ ‘an…