In re Baby Boy G. CA5

Filed 12/15/21 In re Baby Boy G. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re BABY BOY G., a Person Coming Under the Juvenile Court Law.

KERN COUNTY DEPARTMENT OF HUMAN F082780 SERVICES, (Super. Ct. No. JD141674-00) Plaintiff and Respondent,

v. OPINION P.C.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Susan M. Gill, Judge. Nicholas J. Mazanec, under appointment by the Court of Appeal, for Defendant and Appellant. Margo A. Raison, County Counsel, and Judith M. Denny, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Meehan, Acting P. J., Snauffer, J. and DeSantos, J.

In this juvenile dependency case, newborn Baby Boy G. was ordered removed from his mother’s custody (Welf. and Inst. Code,1 § 361), and his mother and his noncustodial presumed father, P.C. (father), were ordered to be provided with reunification services. Father appeals from the part of the court’s dispositional order that requires him to abstain from alcohol and undergo random alcohol testing as part of his reunification services. Father contends the court abused its discretion by making the order because insufficient evidence supported the court’s finding father abused alcohol. We agree and reverse the juvenile court’s order that father must abstain from alcohol and undergo alcohol testing. FACTUAL AND PROCEDURAL BACKGROUND In December 2020, the Kern County Department of Human Services (department) filed a petition on behalf of Baby Boy G. and two of Baby Boy G.’s half siblings alleging they came within the juvenile court’s jurisdiction under section 300, subdivision (b)(1). It was alleged Baby Boy G. was at substantial risk of physical harm due to (1) the unsanitary and dangerous condition of mother’s home, and (2) mother’s substance abuse and mental health issues evidenced by Baby Boy G. testing positive for amphetamine, methamphetamine, and THC at the time of his birth; mother continuing to test positive for illicit substances; and mother having untreated depression and anxiety. Father was Baby Boy G.’s presumed father and a noncustodial parent at the time of initial removal. No jurisdictional allegations pertained to him. He was a widower and lived with his late wife’s parents and two of his children, ages 12 and 14, in California City, California. He had four children in total including one adult son who did not live with him and Baby Boy G. He stayed in a motel in Los Angeles, where he worked in construction, during the week. Father’s children’s grandparents cared for his children