In re J.M. CA4/1

INTRODUCTION

J.M. was born addicted to heroin and methamphetamines due to his mother’s daily substance abuse while he was in utero; he was hospitalized with withdrawal symptoms in the neonatal intensive care unit (NICU) for two months while he received methadone treatment. The juvenile court took jurisdiction of J.M., removed him from the custody of his mother, made a detriment finding in denying placement with J.R. (Father), and ordered

supervised visitation and reunification services for both parents. 1 Father appeals from the juvenile court’s order, asserting the court abused its discretion when it “removed” J.M. from Father’s custody, without sufficient evidence that his infant son would be in substantial danger in his care and without considering reasonable alternatives to removal, and when it limited Father to supervised visitation. As we shall explain, Father’s appeal presents claims of error that are premised on a fundamental misunderstanding of the proceedings below. We conclude substantial evidence supported the juvenile court’s order, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Initiation of Dependency Proceedings and Detention J.M. was born premature in…