Riverside Cnty. Dep't of Pub. Soc. Servs. v. R.B. (In re S.K.)

Good Law
22 Cal. App. 5th 29·231 Cal. Rptr. 3d 171
Court of Appeal of CaliforniaApril 11, 2018E068464California3,312 words

Opinion

lead Opinion

FIELDS J.

*172 *32 I. INTRODUCTION

S.K. was born with methamphetamine in his system and, after defendant and appellant, R.B. (mother), absconded with him, he was hospitalized with toxic levels of oxycodone in his system. The juvenile court removed S.K. from mother based on her untreated substance abuse. On appeal, mother challenges the court's finding that the social worker exercised due diligence in conducting an investigation "to identify, locate, and notify" S.K.'s relatives of his removal. ( Welf. & Inst. Code, § 358, subd. (b)(2).) 1 We affirm.

II. FACTS AND PROCEDURE

Plaintiff and respondent, Riverside County Department of Public Social Services (DPSS), received a referral in February 2017 alleging newborn S.K. was exhibiting signs of drug withdrawal, but mother refused to allow a toxicology screen. Hospital staff "bagged" S.K. to obtain a urine sample and left him in a crib at mother's bedside. The bag was either improperly secured or tampered with and did not produce a sample sufficient to run a toxicology screen. The medical social worker opined that it was possible but unlikely that the bag was improperly secured. Mother denied tampering with the bag. The hospital…

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