In re R.J. CA2/7

Good Law
Court of Appeal of CaliforniaApril 13, 2015B257918California5,962 words

Opinion

Opinion

INTRODUCTION

Michelle O. (Mother) appeals from an order declaring her three children, five- year-old R.J., one-year-old M.S., and newborn Agustin S., dependent children of the court pursuant to Welfare and Institutions Code section 300, subdivision (b),1 removing them from her custody and placing them in the homes of their fathers, Jonathan J. (Father J.) and Agustin S. (Father S.).2 The section 300 petition was filed after Mother and Agustin tested positive for amphetamines at the time of Agustin’s birth, with subsequent confirmation that Mother and Agustin also tested positive for methamphetamine. Mother contends there was insufficient evidence to support the juvenile court’s jurisdiction finding that the children were at risk due to her alleged drug use. She also challenges the disposition order, arguing that the court should not have removed the children from her custody because there was insufficient evidence that a lesser alternative would not have protected the children. Finally, she contends the trial court erred in granting Father J. sole physical custody over R.J., with supervised visitation for Mother, and terminating jurisdiction. We affirm.

FACTUAL AND PROCEDURAL…

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