In re A.M. CA2/1

BACKGROUND

I. The incident

On June 13, 2015, at approximately 8:15 p.m. Father called the police. When the police arrived, both Minor and Father appeared to be “upset”; in fact, Minor was “extremely emotional, crying hysterically.” In addition, Father had a scratch to his upper lip. The police questioned Minor and Father separately on the street outside of Father’s home. Minor told one of the police officers that she was a heroin user, that she had used heroin about 36 hours earlier, and that she “becomes emotional when coming down from a high and when withdrawing from heroin.” Minor further explained to the officer that earlier in the evening she had used Father’s cell phone and when Father got the phone back he attempted to call one of the numbers she had recently called and that made her upset.2 When she became upset, she attempted to take the phone back from Father and in

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 Thecell phone at issue belonged to Father, but he had given her permission to use it. Minor was without a cell phone because she had given hers to a taxi driver as payment for a fare.

2 so doing accidentally…