In re E.K. CA4/1

Filed 1/5/26 In re E.K. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re E.K., a Person Coming Under the Juvenile Court Law. D086664 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J521570) Plaintiff and Respondent,

v.

B.S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Daniela Reali-Ferrari, Judge. Affirmed. Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant. David J. Smith, Acting County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, and Natasha C. Edwards, Deputy County Counsel, for Plaintiff and Respondent.

B.S. (Mother) appeals from the juvenile court’s jurisdictional findings adjudicating E.K. (Child), a dependent of the court under Welfare and

Institutions Code section 300, subdivision (b)(1).1 Mother asserts substantial evidence does not support the court’s jurisdictional findings. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND In January 2025, Mother went into preterm labor at 29 weeks―medical providers attributed her early labor to likely cocaine consumption. Mother and Child were transported to the hospital, where Mother tested positive for marijuana and cocaine and Child was admitted to the neonatal intensive care unit for respiratory failure. Mother asserted sexual contact with Father caused her early labor and positive cocaine drug test. Medical providers rejected the possibility that Mother tested positive for cocaine as a result of unprotected sexual contact. Mother admitted consuming marijuana

products, including those containing THC,2 while pregnant, but stated she had been “sober from any drugs or alcohol since June of 2024.” Because Child was born at home, medical providers did not collect and test an appropriate sample for cocaine exposure, but he tested positive for marijuana exposure at the hospital. Although she also tested positive for cocaine use approximately six months before Child’s birth, Mother repeatedly denied ever consuming cocaine. She initially offered to take a hair follicle test but declined to do so