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Name: In re A.F.
Case #: C079918
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/25/2016
Summary

Sufficient evidence supported both jurisdiction and removal of the minor where mother’s methadone and alcohol use continued, and the minor had easy access to it. While the eight-year-old minor was in his mother’s care, he witnessed mother’s boyfriend overdose on pills. Mother and the minor lived in a garage and the minor had access to unsecured methadone. Both parents had a history of addiction and mental illness and both were on methadone maintenance programs. A section 300(b) petition was sustained. Mother appealed the jurisdiction and removal orders, contending they were not supported by substantial evidence. The appellate court rejected the arguments and affirmed. The only similarity between this case and In re Drake M. (2012) 211 Cal.App.4th 754 was that in both cases the parent obtained her substance legally. Here mother continued to use alcohol while using methadone, exacerbating her poor judgment, and failing to appreciate the risk to the minor of keeping the methadone in a place where the minor had access to it. She also was observed to be extremely intoxicated the day she took the minor from his father in violation of the safety plan. Therefore, substantial evidence supported both the jurisdiction and removal orders.