In re B.D. CA2/2

Good Law
Court of Appeal of CaliforniaNovember 18, 2021B311000California2,135 words

Opinion

Opinion

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Mother and Martin W. (father) have two sons—B.D. (born September 2017) and K.D. (born July 2019). In late February 2020, mother left B.D. in the care of her sister and her sister’s friend; while under their care, B.D. fell into an ungated swimming pool. Although B.D. was floating in the pool, unconscious, when the sister and friend discovered him, they managed to revive him. Both mother’s sister and the friend were under the influence of marijuana. Mother was upstairs napping the whole time. Mother and father later admitted to using marijuana, and marijuana paraphernalia was strewn

2 across the home where mother, her sister, father, and two of father’s friends all lived.

II. Procedural Background

In late March 2020, the Department filed a petition asking the juvenile court to exert dependency jurisdiction over B.D. and K.D. on eight different grounds. In August 2020, mother entered a no contest plea agreeing that dependency jurisdiction was appropriate because (1) mother allowed her sister and the friend, both “known abusers of marijuana[,] to supervise [B.D.] while under the influence of marijuana,” (2) mother is a “current…

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