L. A. Cnty. Dep't of Children & Family Servs. v. S.Y. (In re L.W.)

Bad Law
244 Cal. Rptr. 3d 352·32 Cal. App. 5th 840
Court of Appeal of CaliforniaFebruary 7, 2019B290992California4,038 words

Opinion

Lead Opinion

Stratton, J.

*354 *842 INTRODUCTION

Mother asked her physician to help her stop using cocaine. Based on Mother's admitted drug abuse, allegedly in front of her 13-year-old daughter, Mother's physician referred the family to the Department of Children and Family Services (DCFS). The primary question presented is whether the juvenile court correctly asserted jurisdiction over mother and daughter based on mother's admitted use of cocaine and a *843 reckless driving conviction mother sustained shortly before the dependency proceedings commenced; the answer is yes. We therefore affirm the juvenile court's orders.

FACTUAL AND PROCEDURAL BACKGROUND

On March 16, 2018, DCFS received a referral regarding Mother's ongoing use of cocaine to treat her chronic body pain. According to the referral, Mother smoked crack cocaine in her home in front of her then 13-year-old daughter L.W., who would complain to Mother about this conduct. The reporting party was a physician at Kaiser Permanente, whom Mother had asked for help in treating her drug use.

Later that same day, a DCFS social worker went to the family home to investigate. The social worker noted that the home appeared clean and had all the basic…

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