CA2/2

BACKGROUND

At the time of Fernando’s birth in October 2013, while in the hospital, mother, Mayra M. (mother) tested positive for methamphetamine and amphetamine. Fernando did not test positive for the drugs, but was born prematurely and remained in the hospital until he was detained in December 2013. At that time, the Department of Children and Family Services (DCFS or the Department) filed a petition pursuant to Welfare and Institutions Code section 300 (section 300 petition), to bring Fernando within the jurisdiction of the juvenile court.1 The juvenile court had previously taken jurisdiction of mother’s five other children, Fernando’s half brothers, who had been placed in the custody of their maternal grandmother. Fernando was mother’s only child with father. Father was 22 years old at the time of Fernando’s birth. The section 300 petition alleged under subdivisions (b) and (j) that mother had a 15-year history of drug abuse and that she was a current user of methamphetamines and amphetamines, having tested positive for those drugs at the time of Fernando’s birth, which rendered her incapable of providing regular care for the child. The petition further alleged that mother’s…