Los Angeles County Department of Children & Family Services v. Paul M.

Paul M. (father) appeals from a judgment declaring his child to be a dependent of the court based on the trial court’s finding that father’s usage of medical marijuana placed the child at substantial risk of serious physical harm or illness pursuant to Welfare and Institutions Code 1 section 300, subdivision (b), 2 and ordering him to randomly test for drugs and to participate in parenting courses and drug counseling. 3 He contends that the evidence was insufficient to support the trial court’s finding. He also contends that the trial court’s orders based on such finding constitute an abuse of discretion. Father seeks to reverse the judgment as to the jurisdictional finding against him and to vacate the orders based on such finding. We *758 conclude that father is correct and, accordingly, we will reverse the judgment in part and reverse the orders as to him.

FACTUAL AND PROCEDURAL BACKGROUND

The minor child at issue in this appeal is Drake M. (Drake) who was born in August of 2010. Drake came to the attention of the Los Angeles County Department of Children and Family Services (DCFS) on May 10, 2011, by referral when he was only nine months old. The referral alleged…