In re A.M. CA4/2

Good Law
Court of Appeal of CaliforniaJanuary 9, 2015E061396California3,569 words

Opinion

Opinion

FACTS AND PROCEDURE

Previous Referrals and Detention – September 2011 to July 2012

The Department of Public Social Services (DPSS) received a referral in September

of 2011, alleging general neglect by the parents. The referral was closed as inconclusive

and the parents were advised to keep their medical marijuana out of reach of the children.

DPSS received a referral in October of 2011, again alleging general neglect. The

referral was closed as unfounded after a safety plan was implemented that included

requiring the paternal uncle to vacate the residence because of his heroin use.

In May of 2012, DPSS received a 10-day response referral alleging general

neglect. Mother tested positive for THC after giving birth to J.M. and told hospital staff

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

2 that she must have been exposed to second-hand smoke from father, who smoked

medical marijuana. Mother also asked for morphine to treat a headache.

On May 31, 2012, the social worker attempted an unannounced home visit but was

unable to enter the residence. The family’s residence was a converted garage behind a

fence. The…

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