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Name: In re Kieran S.
Case #: B318672
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 04/18/2024
Summary

There was sufficient evidence to support the jurisdiction findings where Mother’s substance abuse put the minor at risk of serious physical harm. A petition was filed alleging Minor was at risk due to Mother’s substance abuse. Mother absconded with Minor for two years. When located, Mother admitted drug use and paraphernalia was found in her home. The juvenile court found jurisdiction based on subdivision (b)(1) and the reviewing court affirmed. The California Supreme Court remanded for further review in light of In re N.R. The appellate court affirmed on remand. Here, substantial evidence existed that Mother’s drug use created a substantial risk of harm. Although the Supreme Court rejected the “tender years” presumption, a child’s youth and maturity level can still be considered because it is reasonable for courts to infer that very young children require a substantial degree of close supervision. Here, Mother’s positive drug test when Minor was 2 months old, the fact he was living in a home where a pipe was found, Mother’s ongoing denial of her substance abuse issues, and absconding with the Minor placed Minor at risk of harm.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/nonpub/B318672A.PDF