Filed 6/26/26 In re S.H.G. CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re S.H.G., a Person Coming Under the
Juvenile Court Law.
S.D. COUNTY HEALTH & HUMAN D087018
SERVICES AGENCY,
(Super. Ct. No. J521650)
Plaintiff and Respondent,
v.
C.H.,
Defendant and Appellant.
APPEAL from orders of the Superior Court of San Diego County,
Daniela A. Reali, Judge. Affirmed in part, reversed in part, and remanded
with instructions.
Jacob I. Olson, under appointment by the Court of Appeal, for
Appellant and Defendant.
Damon M. Brown, County Counsel, Lisa M. Maldonado, Chief Deputy
County Counsel, and Silvia P. Romero, Deputy County Counsel for Plaintiff
and Respondent.
INTRODUCTION
C.H. (Mother) appeals from an October 20, 2025 jurisdictional finding
and dispositional orders removing her infant daughter, S.H.G. (Child), from
her custody. The juvenile court assumed jurisdiction under Welfare and
Institutions Code1 section 300, subdivision (b), after Child was born with
methamphetamine in her system, hospital staff noticed that the parents were
not waking to feed or change the infant, and both parents tested positive for
methamphetamine. Child’s father (Father) has not appealed.
Mother challenges the sufficiency of the evidence supporting the
juvenile court’s jurisdictional and dispositional findings. She contends that
removing Child from her custody without substantial evidence violated her
rights under the Fourth and Fourteenth Amendments to the Constitution.
Finally, she argues the court abused its discretion by denying her alternate
request for overnight visitation.
We conclude substantial evidence supports the juvenile court’s
assertion of jurisdiction, but we do not find substantial evidence in the record
supporting the court’s finding that the San Diego County Health & Human
Services Agency (the Agency) made “reasonable efforts” to prevent Child’s
removal and demonstrated that there were no “reasonable means” to protect
Child other than removing her from Mother’s custody. Accordingly, we
reverse the dispositional order and remand the matter to the juvenile court
for further proceedings.
1 Further undesignated statutory references are to the Welfare and
Institutions Code.
2
FACTUAL AND PROCEDURAL BACKGROUND
I.
Incidents Leading to Agency Intervention
Mother and Father lived together for three years before Child’s birth.
In May 2025,2 Mother called emergency services because Father, who
reported having epilepsy, had a seizure. By the time paramedics arrived,
Mother’s water had broken.
In the emergency room, Father informed medical staff that he used
methamphetamines weekly, had used it three days before, and also drank
alcohol. He disclosed that Mother actively used fentanyl and methadone,
although he denied having made this statement a week later. Mother
meanwhile reported to labor and delivery staff that she used opiates until 14
weeks of gestation and that “other household members currently use
substances.” She refused to be tested.
Child was born later that day and tested positive for amphetamines
and methamphetamine. The next day, a nurse discovered a vape pen
between Mother’s legs during a bleeding check. When a social worker
notified the parents of Child’s positive drug test result, Mother responded,
“Good, because that won’t hurt her.”
A social worker interviewed the parents about their substance use
history, and Father reported having a “remote” substance abuse and alcohol
use history. When asked if he engaged in drug treatment, he stated, “I did it
on my own.” Mother denied any current or past drug use. She did, however,
claim someone drugged her four months before. The social worker explained
that a positive newborn urine drug screen reflects exposure within the past
2 All further dates are to 2025 unless otherwise noted.
3
few days. Mother responded, “Baby hasn’t been exposed to anything here,”
and then stopped talking.
When a different social worker interviewed Mother the same day,
Mother reported that she had stopped smoking marijuana three years before
and denied recently drinking alcohol. She said Father was “the drinker.”
She denied using fentanyl and methadone but acknowledged having used
methamphetamine twice about a year before. She explained that someone
drugged her at a Halloween party they hosted. Earlier in 2025, a houseguest
known to be a “prankster” also likely put something in her drink. She said
people frequently stayed in their home and engaged in substance use. When
asked about this, Mother said the guests usually smoked “everything” from
cigarettes to crack cocaine. But she claimed they cut off all ties, and no one
was allowed to stay anymore.
Meanwhile, on the evening of Child’s birth, a nurse entered Mother’s
room and observed Child crying in the bassinet while Mother and Father
slept on the bed. She woke Mother to feed the baby, and the nurse changed
and swaddled her.
On May 11, a nurse asked about the 5:30 a.m. feeding, and Mother
reported she had fed the infant at 7:00 a.m. The nurse re-educated Mother
about feeding every two to three hours. When the nurse returned to ensure
the 10:00 a.m. feeding had occurred, she found Child in the bed between both
parents, who were sleeping soundly and did not wake when she entered the
room. The nurse moved the baby to the crib and educated the parents on safe
sleeping. When she asked about the 10:00 a.m. feeding, Father said they fed
the baby at 9:00 a.m. The nurse noted that both parents were sleepy and
were unclear about when Child last ate.
4
The next night, a nurse reported having to wake the parents once after
more than four hours had passed since the last documented feeding. She
asked several times if the parents had changed the baby’s diaper. Father
stated that he had changed it once, and the parents otherwise indicated they
had checked it several times. But when the parents subsequently asked for
help swaddling the infant, the nurse became concerned that the parents had
not in fact checked the diaper. She unwrapped Child to teach the parents
how to swaddle and discovered meconium on Child’s diaper, blankets, arms,
legs, abdomen, and chest.
A social worker asked Mother to submit to a toxicology test, but Mother
declined. She later acknowledged having used methamphetamines one to
three days before giving birth and agreed to drug test. Father admitted
having used “[a]ll” substances in the past and attending numerous drug and
alcohol treatment facilities. He agreed to drug test. Mother tested positive
for methamphetamine and Father tested positive for amphetamines,
phenobarbital, and barbiturates.3
The hospital transferred Child to Rady Children’s Hospital to monitor
whether a bloody stool indicated a bowel obstruction, but the children’s
hospital ultimately cleared her as healthy.
The parents agreed to safety plans under which Child would be placed
with nonrelated extended family members. The plans required the parents to
abstain from all substances when caring for the newborn during visits, to
contact a substance use specialist for treatment assessments, and to
randomly drug test. Prior to these safety plans expiring on June 3, Mother
3 Father later reported taking barbiturates to prevent seizures.
5
tested negative, but Father tested positive for amphetamines,
methamphetamine, barbiturates, phenobarbital, and alcohol.
The parents agreed to a new safety plan requiring them to remain
substance-free while caring for Child and to participate in substance use
programs. The parents meanwhile engaged in quite a few structured,
unsupervised visits at one of the Agency’s offices with no reported issues.
Mother completed intake at Serenity House and Father underwent detox at
Interfaith. Mother’s intake urinalysis on June 17 was positive for
methamphetamine, but her levels decreased over the next three tests, which
her case manager said indicated she was not continuing to use. A worker
found a vape pen with unknown contents in Mother’s room on June 24. Her
drug test the next day was positive for methamphetamine, but again, at a
decreased level not indicative of use that day.
The Agency filed a section 300 petition, alleging there was a
substantial risk that Child would suffer serious harm or illness because of the
parents’ inability to protect her or provide regular care due to substance
abuse. (§ 300, subd. (b)(1)(A), (D).)
II.
Detention Hearing
At the July 8 detention hearing, Mother’s counsel highlighted Mother’s
progress in treatment and requested she be given custody of Child at
Serenity House, which accommodates children. The Agency opposed this
request, noting the parents’ recent drug use, Mother’s lack of credibility as
demonstrated by her changing stories about drug use during pregnancy, the
parents’ failure to care for the baby in the hospital, and their questionable
decision-making as to whom they allowed in the family home.
6
The court determined it was premature to return Child to Mother and
detained Child with the nonrelated extended family members.
III.
The Parents’ Progress
Mother continued to make progress in her treatment at Serenity
House. She consistently tested negative, participated in a range of classes,
and completed a course on preventative healthcare for a newborn baby. Her
counselor reported that Mother was very gentle with the baby and noticeably
attentive. She said Mother was one of her easier clients and did what she is
supposed to do. According to the counselor, Mother “[k]eeps the baby covered
and is really doing a great job.”
Father initially tested negative in late July but then tested positive for
alcohol. Both parents experienced challenges in juggling treatment and
visitations, but they remained in their inpatient treatment programs. No
concerns were noted during visitation, and the parents remained calm during
one visit where Child cried most of the time.
In early August, Father had a positive breathalyzer alcohol test the
same day he and Mother had their first structured, unsupervised visit at a
new Agency office.
Mother wrote to the court expressing concern for her daughter’s
emotional and physical wellbeing and requested a trial placement with her.
During court hearings in July and August, she again requested custody, but
the court continued to detain Child with the caregivers. Both parents visited
consistently three days a week for three hours each day.
In late August 2025, Father was discharged from Interfaith and
showed a social worker his studio apartment. Father did not feel bringing
the baby to that apartment was the best option as the area and neighbors
7
were not conducive to successful reunification and sobriety. A mental health
services program supervisor explained to the Agency that even if Father’s
request to move was approved, it would take two to three months, and he
could lose the current housing if Mother moved in with him in the meantime.
Father subsequently entered a 10-day residential detox program through
McAllister and then transitioned to an outpatient program on September 15.
By September 15, Mother had successfully completed residential
treatment at Serenity House, in addition to completing 1.5 hours of infant
and toddler parenting classes, 18.2 hours of a preschool parenting group, and
1.5 hours of individual parenting sessions. She received recognition for
making all her hours and child visits and supporting staff and her peers. She
began engaging in unsupervised visitation, enrolled in an outpatient
treatment program, and moved into Father’s apartment.
Mother requested overnight visits during a September 15 pretrial
status conference. Counsel noted she had completed all her treatment and
parenting programs, had consistently tested negative, was seeing a
psychologist and enrolled in intensive outpatient aftercare, and already had
unsupervised visitation. The court declined to modify visitation because
Mother had only begun unsupervised visitation (as opposed to structured
unsupervised visitation at an Agency office) 10 days earlier and had only just
moved out of inpatient care the previous day.
On September 22, Mother’s counselor reported Mother’s drug sample
possibly spilled during transportation and was not of sufficient quantity to be
tested. Her September 24 test was positive for trace amounts of
methamphetamine. The counselor stated this amount was not consistent
with someone having smoked methamphetamine, so she could not confirm
Mother had actually smoked the drug. The Agency expressed concern she
8
was either using substances or in the presence of substances. Mother denied
using or being around methamphetamine.
Father tested negative in September, but the Agency was unable to
reach his counselor for an update during the two weeks prior to the
jurisdictional and dispositional hearing. The Agency expressed concern about
returning Child to the parents while they were at different levels of
visitation. It also noted Mother’s recent positive test and suggested she used
methamphetamine or was in the presence of this substance. Given
Interfaith’s concerns about Father’s consistency and punctuality and the lack
of update on his progress, the Agency did not recommend progressing his
visitation.
IV.
Contested Jurisdictional and Dispositional Hearing
The court convened a hearing on October 20 to address jurisdiction and
disposition. Mother requested that the court dismiss the petition and place
Child with the parents. Counsel highlighted that Mother went right into
inpatient treatment, made tremendous progress over the preceding four
months, and completed inpatient treatment and all her parenting courses.
She also promptly enrolled in continuing outpatient care the day after
leaving Serenity House. Counsel suggested Mother’s positive test could have
resulted from prescription medication she was taking and provided a letter
from a community health center in support. As evidence of Mother’s support
system, an individual from Jewish Family Services, a peer support, and
Mother’s case manager all attended the hearing.
9
Mother’s attorney highlighted that the Agency had not discussed
reasonable services to keep Child safe in the home in lieu of removal. But, if
the court declined to return Child, Mother requested “overnights at a location
of the Agency’s choosing,” which could be a hotel if needed.
The court sustained the petition under section 300, subdivision (b). It
relied on evidence that Child tested positive for methamphetamine and
amphetamines at birth and that Mother admitted using methamphetamine
shortly before Child’s birth and continued to test positive thereafter. The
court also cited Father’s long history of substance abuse and concerns that
the parents were unable to provide proper care.
As to disposition, the court acknowledged the parents’ recent progress
in services but found clear and convincing evidence that removal was
necessary. The court emphasized that both parents were only at the
beginning stages of addressing their substance abuse, noted Father’s long
history of use, and cited Mother’s recent positive test showing trace amounts
of methamphetamine. The court was not persuaded by the explanation of a
possible cross-reaction with Mother’s prescription medication because the
community health center letter indicated the test might show PCP, not
methamphetamine use. The court concluded that the Agency had made
reasonable efforts to avoid removal, that returning the infant to the parents
would pose a substantial danger to her physical health, safety, and well-
being, and that there were no reasonable means to protect Child short of
removal.
The court set both parents’ visitation levels as unsupervised on the
condition that they continue to test negative. Child remained placed with the
nonrelated extended family members.
10
11
DISCUSSION
Mother contends the juvenile court’s jurisdictional and dispositional
orders are not supported by substantial evidence. She further argues the
court abused its discretion in denying her alternate request for overnight
visitation. We affirm the jurisdictional order but reverse the dispositional
order.
I.
Substantial Evidence Supports the Juvenile Court’s Assertion of Jurisdiction
A juvenile court may exercise dependency jurisdiction over a child who
has suffered or is at a substantial risk of suffering serious physical harm or
illness as a result of the parents’ failure to adequately supervise or protect
the child. (§ 300, subd. (b)(1)(A).) The parents’ inability to provide regular
care for the child due to the parents’ substance abuse may also justify
adjudging the child a dependent of the court. (Id., subd. (b)(1)(D).) The
Legislature has declared that “[t]he provision of a home environment free
from the negative effects of substance abuse is a necessary condition for the
safety, protection and physical and emotional well-being of the child.”
(§ 300.2.)
To establish jurisdiction under section 300, subdivision (b)(1), the
Agency must “demonstrate the following three elements by a preponderance
of the evidence: (1) neglectful conduct, failure, or inability by the parent; (2)
causation; and (3) serious physical harm or illness or a substantial risk of
serious physical harm or illness.” (In re L.W. (2019) 32 Cal.App.5th 840,
848.) The third element requires a showing that at the time of the
jurisdictional hearing, the child is at substantial risk of serious physical
harm in the future. (In re Jesus M. (2015) 235 Cal.App.4th 104, 111.)
12
Standing alone, past conduct is insufficient to establish a substantial risk of
harm and “there must be some reason beyond mere speculation to believe
[the past conduct] will reoccur.” (In re Ricardo L. (2003) 109 Cal.App.4th
552, 565.) But “[t]he court need not wait until a child is seriously abused or
injured to assume jurisdiction and take the steps necessary to protect the
child.” (In re R.V. (2012) 208 Cal.App.4th 837, 843.)
“ ‘In reviewing the jurisdictional findings . . . we look to see if
substantial evidence, contradicted or uncontradicted, supports them.
[Citation.] In making this determination, we draw all reasonable inferences
from the evidence to support the findings and orders of the dependency court;
we review the record in the light most favorable to the court’s
determinations; and we note that issues of fact and credibility are the
province of the trial court.’ ” (In re R.T. (2017) 3 Cal.5th 622, 633.)
There is little question Mother put her infant at risk of serious physical
harm in the past by exposing her to methamphetamine in utero and, together
with Father, by subsequently using methamphetamine and neglecting to feed
her. The parents also slept with the baby between them on a bed where she
risked suffocation. But Mother contends the court could not rely solely on
these past harms to justify asserting jurisdiction because Mother had
significantly ameliorated them through treatment, education, and counseling.
She further argues the “isolated and inconclusive” positive test result for
methamphetamine, viewed in the context of her otherwise consistent
negative drug testing and sustained participation in treatment, did not
constitute substantial evidence of a current substance abuse problem or a
resulting risk of harm to Child at the time of the jurisdictional hearing. We
disagree and conclude the court’s jurisdictional finding was supported by
substantial evidence.
13
What made it reasonable for the court to conclude by a preponderance
of the evidence that there was a nonspeculative risk this conduct would recur
is the timing of recent events. Father admitted to relapsing just over a
month before the jurisdictional hearing. On September 15, he and Mother
moved into the studio apartment that Father opined was not conducive to
successful reunification and sobriety. Within less than 10 days of living in
this unstructured environment, Mother tested positive for
methamphetamine. She denied using or being around methamphetamine
just as she had in the hospital. Given her positive test result, the court could
reasonably interpret this as resorting to her prior lack of candor about her
drug use. Although the level was not necessarily reflective of her smoking
methamphetamine, Mother had acknowledged being exposed to drugs in her
home in the past. Thus, the court may reasonably have concluded that the
infant would also be exposed to methamphetamine if returned home.
Furthermore, to the extent Mother characterizes the test as “inconclusive,”
she asks us to reweigh the evidence on appeal, which we cannot do. (In re I.J.
(2013) 56 Cal.4th 766, 773.)
Additionally, although Father tested negative upon being released
from detox on September 15, the Agency was unable to determine whether he
remained sober or in treatment because it could not reach his providers for
several weeks in October. Given Father’s long history of substance abuse,
treatment, and relapse, and his recent relapse, the court did not have a
reasonable basis to assume Father had remained sober and able to
adequately care for Child. Mother’s positive test suggesting exposure to
methamphetamine further undermined such a conclusion.
14
We acknowledge that courts have repeatedly noted that “drug use or
substance abuse, without more, is an insufficient ground to assert jurisdiction
in dependency proceedings under section 300.” (See, e.g., In re L.W., supra,
32 Cal.App.5th at p. 849.) For example, where the only harm caused by a
mother’s drug use was her failure to monitor her 13-year-old daughter’s
homework assignments, an appellate court found inadequate evidence to
support section 300, subdivision (b) jurisdiction. (In re Rebecca C. (2014) 228
Cal.App.4th 720, 727.) But where a mother had been twice charged and once
convicted for driving under the influence and did not enroll in drug treatment
after the juvenile court became involved, the court found the “more”
necessary to conclude the mother’s cocaine use posed a substantial risk of
physical harm to her 13-year-old daughter. (In re L.W. at p. 850.)
We find the instant situation more like the latter case. Child was only
five months old at the time of the jurisdictional hearing and entirely
dependent upon her parents for feeding and care. The parents’ prior drug use
resulted in them sleeping through her cries and feeding times, as well as
engaging in dangerous sleeping habits. Mother also had not been candid
about her drug use. Mother’s recent positive test and denial, coupled with
Father’s relapse a month before, provided substantial evidence under the low
preponderance of the evidence standard that there was substantial risk Child
would suffer these serious physical harms again if placed in Mother’s
custody. Accordingly, the juvenile court appropriately assumed jurisdiction
over Child.
15
II.
The Portion of the Dispositional Order Removing Child from Mother’s
Custody Must be Reversed
At the disposition hearing, the juvenile court must decide where the
child will live. The burden of proof is substantially greater at this phase than
it is at the jurisdictional phase. (In re I.R. (2021) 61 Cal.App.5th 510, 520.)
The court may not remove a child from a parent’s physical custody unless it
“finds clear and convincing evidence . . . [t]here is or would be a substantial
danger to the physical health, safety, protection, or physical or emotional
well-being of the [child] if the [child] were returned home, and there are no
reasonable means by which the [child’s] physical health can be protected
without removing the [child] from the [child’s] parent’s . . . physical custody.”
(§ 361, subd. (c)(1), italics added.) As part of this second prong, the court
must “make a determination as to whether reasonable efforts were made to
prevent or to eliminate the need for removal of the minor from their home.”
(Id., subd. (e).) The court then “shall state the facts on which the decision to
remove the minor is based.” (Ibid.)
This high standard reflects that the bias of section 361, subdivision (c)
is in favor of family preservation, not removal. (In re M.V. (2022) 78
Cal.App.5th 944, 959.) “ ‘[O]ut-of-home placement . . . is a last resort, to be
considered only when the child would be in danger if allowed to reside with
the parent.’ ” (Ibid.) Because parents have a presumptive, constitutional
right to care for their children, “ ‘[t]he law requires that a child remain in
parental custody pending the resolution of dependency proceedings, despite
the problems that led the court to take jurisdiction over the child, unless the
16
court is clearly convinced that such a disposition would harm the child.’ ”
(Ibid.)
“In determining whether a child may be safely maintained in the
parent’s physical custody, the juvenile court may consider the parent’s past
conduct and current circumstances, and the parent’s response to the
conditions that gave rise to juvenile court intervention.” (In re D.B. (2018) 26
Cal.App.5th 320, 332.) There is no requirement that the parent be dangerous
or that the child has suffered harm; the focus is on averting harm to the
child. (Id. at p. 328.)
“On appeal from a dispositional order removing a child from a parent
we apply the substantial evidence standard of review, keeping in mind that
the trial court was required to make its order based on the higher standard of
clear and convincing evidence.” (In re Ashly F. (2014) 225 Cal.App.4th 803,
809 (Ashly F.).) The question before us is “ ‘whether the record as a whole
contains substantial evidence from which a reasonable fact finder could have
found it highly probable that the fact was true.’ ” (See Conservatorship of
O.B. (2020) 9 Cal.5th 989, 1011–1012.)
Mother contends the record does not contain substantial evidence,
viewed in light of the heightened clear and convincing standard, that she
would pose a substantial danger to Child’s safety or that there were no
reasonable means to protect Child short of removal. Even if we were to find
sufficient evidence as to the first prong, we agree the record contains
virtually no evidence supporting the court’s conclusion as to the second prong
of the test.
We find Ashly F. instructive here because it highlights the burdens the
statutory scheme imposes on both the Agency and the juvenile court to
demonstrate that removal is warranted. First, to assist the court in
17
determining whether “reasonable means” exist for protecting the children
within the home, the California Rules of Court require the Agency to prepare
a social study that, among other things, “must include [¶] . . . [a] discussion of
the reasonable efforts made to prevent or eliminate removal.” (Cal. Rules of
Court, rule 5.690(a)(1)(B)(i), italics added; Ashly F., supra, 225 Cal.App.4th at
p. 809.) As in Ashly F., nowhere in the reports prior to the disposition
hearing in this case did the Agency “describe the ‘reasonable means’ it had
considered and rejected.” (Ibid.)
The Agency’s July 28 jurisdiction and disposition report includes a
heading for “reasonable efforts,” but the items listed under it do not address
potential means for protecting Child within the home. Rather, they include
such things as referring the parents for services within their case plans (but
without providing for a corresponding return of Child to their care), referring
Child to services, and providing transportation for visits. The report did not
directly respond to Mother’s request to have Child join Mother in her room at
Serenity House, which could have accommodated an infant. Instead, the
Agency simply circled the preprinted option on the recommendation form,
which states: “There is or would be a substantial danger to the physical
health, safety, protection or physical or emotional well-being of the minor if
the minor were returned home, and there are no reasonable means by which
the minor’s physical health can be protected without removing the minor
from the parents or guardian’s physical custody.”
In the August 2025 addendum report, the Agency acknowledged the
parents’ treatment progress but expressed its view that “enough time has not
passed to absolutely ensure the safety of [Child] in the parents’ care.” Once
again, it did not discuss any reasonable means of keeping Child safe at
Serenity House or elaborate as to what substantial danger would be averted
18
with the passage of more time.4 And although Father and a service provider
expressed several concerns about Mother and Child moving into his studio
apartment once Mother completed her inpatient treatment, the report
contains no discussion of potential alternate living arrangements for Mother.
The Agency’s October 2025 addendum report is likewise devoid of any
reasonable means discussion. A social worker expressed concern about
returning Child to the studio apartment when Mother and Father were at
different levels of visitation, but again, did not address whether there was a
way to facilitate Mother living separately with the Child. At the very least,
the Agency should have considered options such as “unannounced visits by
[the Agency], public health nursing services, [and] in-home counseling
services.” (Ashly F., supra, 225 Cal.App.4th at p. 810.) California
dependency law requires that removal be the “ ‘last resort.’ ” (In re M.V.,
supra, 78 Cal.App.5th at p. 964.) But here, the Agency did not show it
considered any other options other than removal. (See id. [reversing based
on insufficient evidence of lesser alternatives where neither the Agency nor
the juvenile court considered ordering the mother to leave the home as the
children’s counsel had requested].)
4 The amount of time a child under three years old spends out of the
parent’s custody is particularly important because for such young children
the court may schedule a hearing to address termination of parental rights as
early as six months after the initial disposition hearing or 12 months after
the child entered foster care, whichever is earlier. (§ 366.21, subd. (e)(1), (3);
see also Tonya M. v. Superior Court (2007) 42 Cal.4th 836, 846–847 [noting
the Legislature’s goal of providing infants and toddlers with a permanent
plan more quickly because they are at a vulnerable stage of development].)
19
At the disposition hearing, the court likewise did not fully comply with
its legal obligations. “The court must consider whether reasonable efforts to
prevent or eliminate the need for removal have been made” (Cal. Rules of
Court, rule 5.695(d)) and make a finding. (§ 361, subd. (e).) Here, given that
the Agency did not explain what reasonable services or alternatives it
evaluated to avoid removal and the court did not inquire as to whether any
were available, there is no indication the court considered less drastic
measures before concluding there were “no reasonable means by which
[Child’s] physical health [could] be protected without removing [Child] from
the parents’ . . . physical custody.” (Id., subd. (c)(1).) Furthermore, this
summary conclusion is inadequate, as section 361 requires that “[t]he court
shall state the facts on which the decision to remove the minor is based.” (Id.,
subd. (e), italics added.) The court did not state which facts supported its
decision that the Agency made reasonable efforts to maintain Child with
Mother and that no reasonable means for doing so existed. (See Ashly F.,
supra, 225 Cal.App.4th at p. 810 [concluding the court failed to carry out its
duties where it did not state facts supporting its conclusion that reasonable
efforts were made].)
Contrary to the plain text of the statute requiring a statement of facts,
the Agency argues we may infer from the record that the court considered
lesser alternatives before making its determination. Specifically, the Agency
contends “it can be inferred from the record the court considered [M]other’s
counsel’s closing arguments requesting the court to order family maintenance
with stringent conditions, [and] County Counsel’s rebuttal to that
argument[,] and found that [M]other’s counsel’s alternatives would not be
reasonable means that could ensure [Child] would not be at substantial risk
20
of physical harm due to the parents’ ongoing substance abuse issues.” We are
not persuaded.
First, as Mother’s counsel pointed out at the hearing, the default is that
Child should remain with the parents, and it was the Agency’s burden to
demonstrate that it made reasonable efforts to prevent or eliminate the need
for removal. Absent any evidence that the Agency, as opposed to Mother,
made any reasonable efforts to avoid removal, the court’s determination to
the contrary under section 361, subdivisions (c) and (e), is not based on
substantial evidence. (See In re L.G. (2026) 118 Cal.App.5th 1208, 1231–
1232 [concluding that where “the Bureau presented no evidence that it had
explored interventions to mitigate remaining sources of risk and determined
they were infeasible . . . the juvenile court could not reasonably conclude that
the Bureau met its burden of proof”].)
Second, County Counsel did not respond to Mother’s specific proposals
or the changed circumstances since Child’s initial detention. Rather, counsel
stated only “the Court can see what kind of care this child receives when the
parents are under the influence” and “the Agency would like the Court to
consider . . . that type of risk that this child will be subjected to in the event
that the mother and the father do end up using again.” This argument does
not explain why the visits up to several times per week by Jewish Family
Services that Mother proposed, coupled with support from Mother’s case
manager, peer support, and the other organizations Mother was receiving
services from would not provide reasonable means to keep the baby safe.
Moreover, it provides, at most, speculation that nebulous harm would recur if
the parents started using drugs again.
21
Nonetheless, we may not reverse despite the Agency’s and juvenile
court’s errors in neglecting to fully comply with the statutory mandates
unless it is reasonably probable the court would have reached a result more
favorable to the appellant in the absence of the error. (In re Cristian I. (2014)
224 Cal.App.4th 1088, 1098–1099; In re Jason L. (1990) 222 Cal.App.3d 1206,
1218.) Here we cannot conclude the errors were harmless because the record
suggests that other means may well have ensured Child’s safety while still
allowing Mother to retain physical custody. (See Ashly F., supra, 225
Cal.App.4th at p. 810 [finding failure to follow statutory mandate and Rules
of Court prejudicial where “[a]mple evidence” of reasonable means to protect
children in their home existed]; In re Henry V. (2004) 119 Cal.App.4th 522,
529 [same]; see also In re Hailey T. (2012) 212 Cal.App.4th 139, 149
[reversing where court failed to explore alternatives to removal].)
Mother addressed the circumstances that lead to Child’s initial
detention by promptly enrolling in residential treatment a month after Child
was born and obtaining a room where Child could reside with her and staff
could ensure Mother’s sobriety and Child’s safety. She consistently tested
negative for substances; sought to address her parenting deficiencies by
participating in a wide range of parenting classes; and was commended for
going “above and beyond” during her time at Serenity House. The Agency
progressed her to unsupervised visitation and reported only positive feedback
from Mother’s visits with her daughter. Upon her release from Serenity
House, Mother immediately enrolled in an outpatient treatment program.
Father repeatedly expressed that he supported placing Child with Mother.
And Mother introduced multiple individuals at the hearing who were willing
to provide services and support, including home checks several times per
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week. Notably, the court also found it appropriate to progress Father to
unsupervised visitation at the conclusion of the hearing, thereby eliminating
the Agency’s only hesitation to returning Child to parents’ custody, as stated
in its October 2025 report. On this record, had the Agency provided a social
study detailing its reasonable efforts to implement some combination of
random drug testing, unannounced Agency visits, support visits from Jewish
Family Services, and housing Mother and Child separately from Father, it is
reasonably probable the court would have concluded that reasonable means
existed to allow Child to remain safely with Mother.
But especially when viewed through the lens of a clear and convincing
evidence standard (Conservatorship of O.B., supra, 9 Cal.5th at pp. 1011–
1012), we conclude the record here contains virtually no evidence on the
“reasonable efforts” and “reasonable means” questions. Accordingly, we
reverse the dispositional order and remand the matter for a new disposition
hearing at which the Agency can attempt to demonstrate what reasonable
efforts have been made to prevent removal based on the facts existing at the
time of the new disposition hearing (see Ashly F., supra, 225 Cal.App.4th at
p. 811), and why no reasonable means short of removal exist. We express no
opinion on how the juvenile court should rule upon remand.5
5 Given our decision to reverse the dispositional order, we need not
address Mother’s challenges to the order on constitutional grounds.
Additionally, because the court’s new dispositional finding on remand may
obviate the need for visitation or because the facts as they exist at the time of
the new disposition hearing may alter the court’s assessment of the
appropriate level of visitation if it continues to find removal appropriate, we
need not address Mother’s challenge to the court’s order denying overnight
visitation.
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DISPOSITION
The juvenile court’s jurisdictional order is affirmed. The dispositional
order is reversed, and the matter is remanded for a new disposition hearing
in compliance with section 361. “On remand the juvenile court must make a
decision based on the facts existing at the time of the further proceedings.”
(In re Abram L. (2013) 219 Cal.App.4th 452, 464, fn. 6.)
DO, J.
WE CONCUR:
O’ROURKE, Acting P. J.
CASTILLO, J.
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