In re Jaiden G. CA5

BACKGROUND

In June 2012, the department filed a dependency petition on behalf of Josiah (then 12 months old) and Jaiden (then one month old) under section 300, subdivision (b) (failure to protect). Specifically, the petition alleged the children’s mother, Esperanza D. (mother), had a history of substance abuse that negatively affected her ability to care for the children, she tested positive for marijuana and methamphetamine at the time of Jaiden’s birth, and she admitted to using methamphetamine throughout her pregnancy. The petition listed father as Josiah’s alleged father but indicated the identity of Jaiden’s father was unknown. The department subsequently filed a first amended petition, which added allegations that mother had received court-ordered family reunification services and voluntary family maintenance services that included substance abuse treatment. The department also filed a declaration of due diligence setting forth its unsuccessful efforts to locate father. At the jurisdiction hearing in July 2012, the juvenile court found the allegations of the first amended petition to be true and found the department had exercised due

1All further statutory references are…