A LANDMARK APPELLATE DECISION!

IF YOUR CASE IS SIMILAR TO THIS, MAKE SURE YOU MAKE YOUR ATTORNEY REFER TO THIS CASE AND IF THEY DON’T ASK FOR A MARSDENS HEARING AND RELIEVE YOUR ATTORNEY, JUST MAKE SURE YOU GET THIS IN THE TRANSCRIPT – PAST DRUG USE DOES NOT CONSTITUTE RISK AND REFER THE COURT TO THIS CASE:

Case Name: In re Destiny S. , District: 2 DCA , Division: 1 , Case #: B239393
Opinion Date: 10/31/2012 , DAR #: 15121
Case Holding: Juvenile court’s order declaring minor dependent was unsupported by a specific defined risk of harm. The 11-year-old minor Destiny was placed with her mother on voluntary maintenance because she was regularly tardy to school and mother had a history of methamphetamine and marijuana abuse. When mother tested positive for those substances, CPS removed Destiny and filed a petition. The evidence showed that Destiny was a healthy, happy, well-cared-for pre-teen. She no longer had problems with tardiness. Nonetheless, the court removed Destiny, finding that she was at risk of harm because mother was in denial as to her drug habit, and Destiny had a previous history of lateness to school. The appellate court reversed the juvenile court orders. No evidence suggested that Destiny was at risk of imminent physical harm because of her mother’s drug use. Further, mother had tested clean for three months prior to the hearing. The evidence did not support the court’s finding that there was a risk of serious physical harm from parental neglect.