legal newsarticles
Home Link Directory Forum Gallery Cases Law BlogsOpportunities

In re Daniel T.
Angelica C. (Mother) appeals from the juvenile court’s May 29, 2013 jurisdictional and dispositional orders, contending that substantial evidence does not support the court’s order declaring minor Daniel T. II a dependent of the court pursuant to paragraph b-3 of the petition alleged under Welfare and Institutions Code section 300, subdivision (b) (failure to protect) based on Mother’s alleged drug use.[1] She also contends that the court abused its discretion in making a dispositional order requiring her to submit to random drug testing. Mother does not appeal from the orders sustaining other allegations under section 300, subdivisions (a) (serious physical harm) and (b). Daniel T. (Father) is not a party to this appeal.
We conclude that because Mother’s drug use was remote in time and had no causal nexus to substantial risk of serious harm to the minor, the jurisdictional order based on Mother’s alleged drug use is not supported by substantial evidence. We also conclude that the court abused its discretion in requiring Mother to submit to random drug testing. We reverse only as to the challenged jurisdictional and dispositional orders.

Comments on In re Daniel T.

Search thread for
Download thread as

Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click a smilie to insert it into your message. You may use BB Codes in your message.
Anti-Spam Image:
Type the letters and numbers shown on the left into the box on the right (this is to prevent automated submissions).
security image

    Home | Contacts | Submit New Article | Site Leaders | Search
    © 2005