In re John M. CA2/1

BACKGROUND

On July 1, 2011, the Department of Children and Family Services (DCFS) filed a petition pursuant to Welfare and Institutions Code section 300, subdivision (b) (failure to protect) and section 300, subdivision (g) (no provision for support) on behalf of John M. after Mother and John M. tested positive for cocaine at John M.‟s birth.1 As sustained, paragraph b-1 of the petition alleged under section 300, subdivision (b) that John M. was born with a positive toxicology screen for cocaine. As sustained, paragraph b-2 of the petition alleged under section 300, subdivision (b) that Mother has a nine-year history of substance abuse and is a current user of cocaine; Mother used cocaine during her pregnancy; Mother had a positive toxicology screen for cocaine at John M.‟s birth; and John M.‟s five siblings had received permanent placement services due to Mother‟s substance abuse. As sustained, paragraph b-3 of the petition alleged under section 300, subdivision (b) that Mother has mental and emotional problems, including visual and auditory hallucinations. As dismissed, paragraph b-4 of the petition alleged under section 300, subdivision (b) and paragraph g-1 of the petition…