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Name: In re David M.
Case #: G035498
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/06/2005

There was insufficient evidence to support a jurisdictional order where the evidence of mother’s mental and substance abuse problems and father’s mental problems was never tied to any actual harm or substantial risk of harm to the minors. Mother’s prior use of marijuana while pregnant was neglectful, but even though she tested negative for drugs at birth, the minor was healthy, and there was no evidence mother’s prenatal drug use contributed to any problems suffered by the minor. The Department also failed to meet its burden to show specifically how the minors were harmed or could be harmed by the mental illness suffered by their parents. Further, the Department did not meet its burden on the 300(j) petition because although it alleged abuse of a sibling, it did not submit any evidence regarding the sibling’s case.