In re Joel R. CA2/3

INTRODUCTION

Salvador R. (father) challenges the juvenile court’s jurisdictional finding concerning his 16-year-old son, Joel R. Joel came to the attention of the Department of Children and Family Services (department) after his mother, Angelica R., gave birth to another child and tested positive for amphetamines following the baby’s delivery. Father contends the jurisdictional finding is not supported by substantial evidence because the department failed to show that mother’s drug use caused Joel any harm in the past, or placed him at a substantial risk of future physical harm or illness. We agree, and therefore reverse the jurisdictional and dispositional orders of the juvenile court.

FACTS AND PROCEDURAL BACKGROUND

Father and mother are married and have one child together, Joel R. Prior to the events at issue, mother, father, and Joel lived together in the home of father’s parents. Father’s brother, Gonzalo, and his three children also lived in the home. On December 10, 2014, mother gave birth to a second child, Abel R.1 Mother tested positive for amphetamines after the birth and the department was notified. A social worker visited mother in the hospital the day after the…