L. A. Cnty. Dep't of Children & Family Servs. v. Pedro C. (In re L.C.)

*648 In this appeal, we hold that evidence of a legal guardian's occasional methamphetamine use outside the legal guardian's home and while the child was in the care of another adult in the home does not support dependency jurisdiction under Welfare and Institutions Code section 300, subdivision (b). 1 No substantial evidence showed that the legal guardian abused methamphetamine, and no substantial evidence showed that the child was at risk of serious physical harm. We therefore reverse the juvenile court's jurisdictional order.

FACTUAL AND PROCEDURAL BACKGROUND

Pedro was six-year old L.'s legal guardian since 2015 and her primary caretaker since 2013. 2 It was undisputed that Pedro *490 and L. shared a close relationship. Pedro does not have a criminal history.

1. Petition

On October 12, 2018, DCFS filed a petition. The section 300, subdivision (b) allegations against Pedro stated: Pedro "is a current abuser of amphetamine and methamphetamine which renders the Legal Guardian unable to provide regular care of the child. The Legal Guardian had positive toxicology screens *649 for amphetamine and methamphetamine on 09/04/2018 and 08/21/2018, while the child was in the Legal…