In re Cole Y.
Annotate this CaseThe Department of Children and Family Services filed a petition under Welfare and Institutions Code 300 (b) on behalf of five-year-old Cole, alleging that Father allowed Amber, an unrelated adult and current drug abuser, to reside in the home with unlimited access to Cole. Methamphetamine and a syringe were found in the home accessible to Cole. Amber was under the influence of illicit drugs and possessed prescription medication not prescribed to her while Cole was under her care. Father “had a positive toxicology screen for methamphetamines and amphetamines” and had a history of drug abuse. The court declared Cole a dependent of the court; terminated the case with a family court order granting physical custody to Mother and monitored visitation to Father of a minimum of four hours per week; and required Father to complete counseling programs as a condition to modifying the family court custody order. The court of appeal held that substantial evidence supported the juvenile court’s jurisdictional order, but that the dispositional order must be reversed to the extent it conditioned the family court’s modification of the juvenile court’s custody and visitation exit order upon proof of Father’s completion of drug and parenting programs and counseling.
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