Marisol A. v. Superior Court CA1/4

I. BACKGROUND

In February 2019, the Solano County Department of Health and Social Services (Department) received a referral for newborn Elizabeth after Mother had tested positive for methamphetamine during her pregnancy. Mother, however, tested negative at the time of the birth and Elizabeth was “not showing any signs of ‘withdrawal.’ ” Mother reported that she had used methamphetamine, but not in the last three months of her pregnancy. The Department filed a petition alleging Elizabeth was within the jurisdiction of the juvenile court under section 300, subdivisions (b)(1) and (j). As to subdivision (b)(1), the petition alleged that Elizabeth was at substantial risk of harm due to Mother’s substance abuse during the pregnancy and inability to demonstrate a safe living situation. As to subdivision (j), the petition alleged that Elizabeth’s older brother, Andrew, was removed by the Department in 2018 due to Mother’s substance abuse and homelessness issues, as well as domestic violence involving the children’s father, Jose G.P. (Father). The alleged domestic violence involved a single incident on May 17, 2017, where Mother purportedly threatened Father with a kitchen knife and…