In re Nathan S. CA3

Good Law
Court of Appeal of CaliforniaMarch 22, 2024C098662California3,409 words

Opinion

Opinion

Hull, J.

FACTS AND HISTORY OF THE PROCEEDINGS

In October 2020, mother and father were stopped in Nevada after leaving a known drug house where mother had purchased methamphetamine with two-year-old Nathan S. present; mother was cited, and father was arrested for outstanding felony warrants among other things. Nathan was temporarily detained in protective custody in Nevada after mother and father both stipulated that they were unable to care for him. San Joaquin County later assumed dependency jurisdiction in the case.

A. Dependency Petition for Nathan

In November 2020, the Agency filed a section 300 petition on behalf of Nathan, based on failure to protect (§ 300, subd. (b)) and no provision for support (§ 300, subd. (g)). The petition alleged the parents had a history of untreated substance abuse as well as several domestic violence episodes while Nathan was present, which increased Nathan’s risk of emotional damage and physical abuse and neglect. Mother was also six weeks pregnant with father’s child, and had untreated mental health issues that impacted her ability to responsibly care for Nathan, who primarily resided with his maternal grandmother. Neither mother nor father had…

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