In re E.O. CA2/3

Good Law
Court of Appeal of CaliforniaDecember 12, 2014B253544California4,796 words

Opinion

Opinion

Kitching, J.

INTRODUCTION

Mother Monica T. appeals from the juvenile court’s jurisdictional finding under Welfare and Institutions Code1 section 300 and disposition order under section 361 removing her daughter E. from her care. Mother also alleges that the court erred in denying her request for a continuance of the disposition hearing. We affirm because the jurisdictional finding and the disposition order were supported by substantial evidence that Mother’s methamphetamine use and addiction inhibited her ability to provide E. regular care and posed a substantial risk of danger to E.’s safety and physical and emotional well-being. The court did not abuse its discretion in denying the continuance, as granting it would have violated the time limit for the disposition hearing under section 352, subdivision (b).

FACTS AND PROCEDURAL BACKGROUND

Mother and Father (the Parents) have more than a decade long history of methamphetamine use. Due to their drug use, their two eldest children were removed from their custody in 2002. Mother has another son by a different father who was also removed from her custody at that time. The Parents never fully complied with the court ordered drug and alcohol…

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