In re C.P. CA2/2

Good Law
Court of Appeal of CaliforniaFebruary 27, 2015B258877California2,766 words

Opinion

Opinion

FACTS

C.P. was detained at birth in June 2013, when he and his mother Charmica C. (Mother) tested positive for cannabinoids. Mother admitted using marijuana throughout her pregnancy, as recently as two days before C.P. was born, and for the past 13 years. Mother has children ages five, six and 10 who were the subject of referrals for abuse, neglect, caretaker absence/incapacity, and domestic violence. They live with the maternal grandparents and Mother has not visited them for years.2 C.P. was taken into protective custody by the Department of Children and Family Services (DCFS). Paternal grandmother Eva L. (PGM), who lives in Nevada, expressed willingness to care for C.P. and was given information about how to participate in the dependency process. Father could not take custody because he was incarcerated. DCFS filed a petition alleging that C.P. was born suffering a detrimental condition—a positive toxicology test for marijuana—due to Mother’s unreasonable acts. Mother has a history of drug use and currently abuses marijuana, rendering her incapable of providing regular child care and placing C.P. at risk of harm. On June 18, 2013, the juvenile court found a prima facie case…

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