In re Kieran S.

Good Law
Court of Appeal of CaliforniaMay 6, 2024B318672California3,354 words

Opinion

Opinion

INTRODUCTION

Amber C., mother of then two-year-old Kieran S., appeals from the juvenile court’s jurisdiction findings and disposition orders after the court sustained a petition by the Los Angeles County Department of Children and Family Services under Welfare and Institutions Code section 300, subdivision (b). In our prior opinion we affirmed the juvenile court’s findings and orders. The Supreme Court granted review and transferred the case back to us with directions to vacate our prior opinion and reconsider our decision in light of In re N.R. (2023) 15 Cal.5th 520, which held, among other things, substance abuse is not prima facie evidence of a parent’s inability to provide regular care to a child of tender years (six years old or younger). Because under In re N.R. Amber’s substance abuse still put Kieran at a substantial risk of serious physical harm, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Department Investigates the Family, Amber Absconds with Kieran, and the Juvenile Court Sustains a Petition Under Section 300 Kieran’s parents are Amber and Victor S. (not a party to this appeal). In April 2019, when Kieran was two months old, the Department received a…

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