In re Isabella A. CA4/3

FACTS AND PROCEDURAL BACKGROUND

The Orange County Social Services Agency (SSA) filed a petition in May 2014 alleging Isabella came within the juvenile court’s jurisdiction under section 300, subdivision (b), because she had suffered, or was at risk of suffering, serious physical harm resulting from her parents’ failure or inability to supervise and protect her, and her parents lacked the ability to provide regular care due to their substance abuse. Specifically, the petition alleged that while pregnant with Isabella mother tested positive for amphetamine, methamphetamine and marijuana when admitted to the hospital with pregnancy complications, Isabella was born prematurely (34 weeks, or six weeks early), Isabella’s meconium contained amphetamine and marijuana, and mother had not sought regular prenatal care. Mother had a criminal history, including assaultive offenses and driving under the influence. The father, James F., had a history of drug-related offenses.2 Mother stated she had a medical marijuana card and had used marijuana three or four times during the pregnancy, but had not informed her obstetrician. Mother could not explain why she tested positive for…