In re M.W. CA1/5

Filed 8/6/21 In re M.W. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re M.W., a Person Coming Under the Juvenile Court Law. SAN FRANCISCO HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. A161338 L.W., (San Francisco County Defendant and Appellant. Super. Ct. No. JD20-3119)

L.W. (Mother) appeals from the juvenile court’s jurisdictional and dispositional orders in this dependency proceeding regarding her son, M.W. (Minor). She contends there was insufficient evidence to support the court’s finding that Minor was at substantial risk of harm and its removal of Minor from her custody. We modify the September 15, 2020 minute order to reflect the court’s findings, and otherwise affirm. BACKGROUND In May 2020, the San Francisco Human Services Agency (Agency) received a referral for newborn Minor after Mother tested positive for methamphetamines at the time of his birth. The Agency filed a petition alleging Minor was within the jurisdiction of the juvenile court under Welfare

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and Institutions Code section 300, subdivisions (b)(1) and (g).1 As to subdivision (b)(1) (section 300(b)(1)), the petition alleged Minor was at substantial risk of harm due to Mother’s substance abuse and mental health issues, as well as substance abuse and domestic violence issues involving Minor’s father. It also alleged Minor was at risk of further neglect because Mother refused medical treatment for the baby: after doctors noticed signs of withdrawal, she did not allow the doctors to complete any newborn screenings, assess the baby for withdrawal, or take him to the neonatal intensive care unit. The social worker reported that she had spoken with Mother at the hospital, and Mother had denied ever using drugs. Mother attributed her positive drug test result to her having given Narcan to a friend who overdosed, as some substances had rubbed off on her hands. A hospital doctor stated that such a possibility was “unlikely.” Another hospital doctor noted that Minor had signs of withdrawal in the form of “excessive jitteriness in his limbs and a high-pitched cry.” Mother denied that Minor was experiencing any withdrawal symptoms, contending Minor was crying and jittery because the doctor woke him up and the room was cold. L.W.’s mother (Grandmother) reported that Mother had a history of substance abuse, and she believed Mother was currently abusing drugs because Mother had “dark circles under her eyes” and “did not appear ‘normal.’ ” At the contested detention hearing, the court found a prima facie case had been made that Minor came within section 300, there was a substantial danger to Minor’s physical health, and there were no reasonable means to protect his health absent removal; it ordered Minor detained.