In re R.H. CA4/2

Good Law
Court of Appeal of CaliforniaMay 26, 2023E079932California10,548 words

Opinion

Opinion

BACKGROUND

Father and mother have two children between them, a baby girl born in 2019, and

a son, R.H., born in 2016. The baby girl was born prematurely with methamphetamine in

her system, and mother tested positive for the drug at the time of giving birth. Mother

left the hospital against medical advice and the parents left the infant in the hospital for

two days, resulting in the intervention by CFS before the infant was discharged. The

petition also included allegations of risk to R.H. based on the parents’ drug use, the

father’s criminal history, and the fact mother’s whereabouts and willingness to parent

were unknown because attempts to locate her were unsuccessful and she left no provision

for the child.

At the detention hearing held on December 4, 2019, mother was present and

indicated the minor R.H. was with father who did not appear. The court ordered that

R.H. be detained and placed in temporary custody of CFS, and signed the detention

warrant. The court asked mother about Indian ancestry, and mother denied any Native

American heritage, executing the ICWA-020 form. The newborn was ordered detained

in the hospital. Father was at the hospital when he was…

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