In re Gilbert R. CA2/5

Good Law
Court of Appeal of CaliforniaMarch 9, 2015B258683California992 words

Opinion

Opinion

Kriegler, J.

BACKGROUND

The facts in this case are relatively straightforward and generally undisputed. An April 2014 police raid of mother’s home lead to discovery of 22 marijuana plants in the twins’ bedroom. The plants belonged to one of the twins’ half-brothers,2 who was a suspected gang member. Mother was not home at the time of the seizure of the marijuana plants, as she frequently spent the night at her boyfriend’s residence. Father is the biological parent of the twins, but is not the father of mother’s other children. Father lives in Oregon and had no contact with the twins since they were three years old. Father shares a two bedroom apartment with a woman described as his “partner.” Father is employed and has no criminal history. Father called the twins regularly during the course of the dependency proceedings, and had unmonitored visits. The twins stated that they enjoyed talking to father. A Welfare and Institutions Code section 3003 petition was sustained under subdivision (b) (failure to protect) based on findings that (1) the twins (and mother’s other children) had access to 22 marijuana plants in the home, mother knew of the plants,

1 Only father has appeared on appeal.…

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