In re M.W. CA2/4

K.G. (mother) challenges the juvenile court’s jurisdictional and dispositional order regarding her two children, M.W. (born in 2006) and Lamar W., Jr. (L.W.), (born in 2007). Although mother concedes jurisdiction was proper due to her substance abuse, she contends that findings made in connection with a subsequent petition were insufficient to establish jurisdiction and should be reversed. Specifically, she argues (1) her failure to obtain a protective order following a 2007 domestic violence incident with the father did not expose the children to a current risk of harm, and (2) the evidence was insufficient to establish that she knew or should have known of Lamar W, Sr.’s (father’s) criminal history and sex offender status and placed the children at risk of harm by allowing him access to them. We agree with both contentions and modify the order to strike the allegations based on mother’s failure to protect the children from father (counts b-2, b-3, and d-2). The order is affirmed in all other respects.

FACTUAL AND PROCEDURAL SUMMARY

On December 24, 2013, mother consumed either “a 4-pack of wine” or “six medium bottles of Brandy” and ingested “a lot” of pain pills and…