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Name: In re Natalie A.
Case #: B261303
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 12/21/2015
Summary

Jurisdiction was proper where father’s marijuana use resulted in his failure to provide adequate supervision for very young minors. The minors were involved in a prior dependency action based on mother’s drug use, and were placed with their father at their grandmother’s home. A second dependency action was sustained due to father’s drug use and because the youngest minors, ages 1 and 2 years old, had been left without adult supervision on more than one occasion. On appeal, father contended that there was insufficient evidence to sustain the drug abuse count under the standard set forth in In re Drake M.(2012) 211 Cal.App.4th 751. The appellate court rejected the argument. This case is distinguishable from Drake M. because the evidence showed that father’s drug use resulted in a failure to fulfill parental obligations such as ensuring the children were safe and supervised. Further, the juvenile court did not abuse its discretion by ordering drug testing and treatment, given that father’s marijuana use posed a substantial risk to these very young minors.