In re N.R.
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A person identified as O.R. appealed the decision of the Los Angeles County Superior Court to place his child, N.R., under the jurisdiction of the Los Angeles County Department of Children and Family Services (the Department) based on allegations of substance abuse. The Supreme Court of California reviewed two issues concerning the interpretation of the Welfare and Institutions Code section 300, subdivision (b)(1)(D), which allows for jurisdiction over a child in cases where the parent’s substance abuse results in an inability to provide regular care for the child and causes or could cause the child serious physical harm or illness.
First, the court clarified the term “substance abuse” as used in the statute. It rejected O.R.’s argument that “substance abuse” must be shown through a medical diagnosis or by meeting the criteria for a substance use disorder as outlined in the Diagnostic and Statistical Manual of Mental Disorders (DSM). The court held that “substance abuse” in this context should be given its ordinary meaning, which refers to the excessive use of drugs or alcohol. The court cautioned that to establish dependency jurisdiction, the abuse must render the parent unable to provide regular care for the child and either cause the child serious physical harm or illness, or place the child at substantial risk of such harm or illness.
Second, the court rejected the so-called “tender years presumption,” which holds that substance abuse by a parent is prima facie evidence of an inability to provide regular care and a substantial risk of serious physical harm when the child is very young. The court held that this presumption is not supported by the language of the statute or the legislative intent, and improperly simplifies the analysis required under section 300(b)(1)(D). Instead, the court held that the government must establish each element of the statute separately, without shifting the burden to the parent to rebut a presumption created by a finding of substance abuse.
The court reversed the decision of the Court of Appeal and remanded the case for further proceedings consistent with its opinion.
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