In re E.J. CA3

Filed 10/16/24 In re E.J. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

In re E.J., a Person Coming Under the Juvenile Court C100760 Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. AGENCY, STKJDDP20230000435)

Plaintiff and Respondent,

v.

S.M.,

Defendant and Appellant.

Appellant S.M., biological father of minor E.J., appeals from the juvenile court’s judgment at disposition adjudging the minor a dependent and removing him from parental custody. (Welf. & Inst. Code,1 §§ 361, 395.) He contends the requirement that he participate in substance abuse services and testing as part of his reunification case plan was an abuse of discretion. We affirm.

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

FACTUAL AND PROCEDURAL BACKGROUND In November 2023, the San Joaquin County Human Services Agency (Agency) filed a petition on behalf of newborn minor E.J. pursuant to section 300, subdivisions (b)(1) and (g).2 The petition alleged the minor was at risk due to mother having tested positive for amphetamines at the time of the minor’s birth, mother’s ongoing abuse of methamphetamine and marijuana, father’s history of substance abuse from which he had failed or refused to rehabilitate, father’s failure to protect the minor from mother’s known substance abuse, and father being homeless and living at his jobsite. Mother reported being a daily user of methamphetamine and admitted having used both methamphetamine and marijuana shortly before the minor’s birth. Mother reported a history of domestic violence with father in which she has hit him. She also reported that father smoked crack cocaine only on the weekends because he worked during the week. She had been living with father when she became pregnant, but father had to move out in August, and she did not currently live with him. She did occasionally stay at a motel with him. Mother did not receive prenatal care. Mother admitted she knew the negative effects drug exposure during pregnancy could have on infants in utero but that it was harder than she expected to stop using. Father was present at the hospital after the minor’s birth. The social worker asked if he was aware that mother was using drugs. Father confirmed that he knew but stated he could not control her actions and did not agree with her drug use. He denied using drugs himself. When informed there had been a report that he smokes crack cocaine on the weekends, father said that was not true, and that he had completed drug treatment in 2019 with the Salvation Army. Father stated he was unsure why someone would say he used crack cocaine on weekends. Mother was present but remained quiet and did not respond.