Timothy R. v,. Super. Ct. CA4/3

FACTS

In February 2011, a family law court placed son in the care of his paternal grandmother “due to ongoing concerns of substance abuse and domestic violence” involving father and mother and the failure of parents to comply with substance abuse testing obligations imposed in the family law case. The family court matter was initiated by father against mother in an attempt to gain custody of son following an incident in which mother allegedly took son away from father for four weeks. In July 2011, the paternal grandmother informed Orange County Social Services Agency (SSA) that she could no longer care for son.

1 All statutory references are to the Welfare and Institutions Code.

2 Having detained son on July 28, 2011, SSA shortly thereafter filed a juvenile dependency petition pursuant to section 300, subdivision (b), signifying parents’ alleged failure to protect son. Both father and mother pleaded no contest to the allegations of an amended petition. The court declared son to be a dependent of the court pursuant to section 360, subdivision (d). In finding son to be a dependent, the court found the allegations in the amended petition to be true by a preponderance of the…