San Diego County Health & Human Services Agency v. Violet R.

Violet R. and James R., Sr. (together the parents), appeal judgments declaring their minor children James R., Jr., Wesley and Violet III (collectively the minors) dependents of the juvenile court under Welfare and Institutions Code 1 section 300, subdivision (b) and placing the minors with the parents conditioned on Violet having supervised contact with them. The parents challenge the sufficiency of the evidence to support the court’s jurisdictional findings and dispositional orders. We conclude the evidence is insufficient to support the court’s findings that the minors were at substantial risk of suffering serious physical harm or illness as a result of Violet’s mental illness or substance abuse, or that James was unable to protect them. Accordingly, we reverse the judgments.

FACTUAL AND PROCEDURAL BACKGROUND

In July 2008 Violet was hospitalized after she consumed alcohol and took prescription ibuprofen while caring for the minors. Violet explained she took *132 eight ibuprofen with a few beers, but was not intentionally trying to harm herself. The hospital social worker reported Violet had a history of suicide attempts. The San Diego County Health and Human Services…