In re S.K.

S.K. was born with methamphetamine in his system and, after defendant-appellant, R.B. (mother), absconded with him, he was hospitalized with toxic levels of oxycodone in his system. The juvenile court removed S.K. from mother based on her untreated substance abuse. On appeal, mother challenged the court’s finding that the social worker exercised due diligence in conducting an investigation “to identify, locate, and notify” S.K.’s relatives of his removal. In April 2017, DPSS filed a petition alleging that (1) S.K. tested positive for methamphetamine and opiates at birth, and approximately a month later, he suffered a seizure and had high levels of oxycodone in his system, (2) mother had an extensive and untreated history of abusing controlled substances, (3) father’s whereabouts were unknown and he had failed to provide for S.K., and (4) mother failed to cooperate with preplacement preventative services. Department of Public Social Services attempted to locate all persons identified by mother, and the trial court found "based upon the limited information we have gathered from the mother thus far, will make a finding that [DPSS] is actively working towards relative assessments if there are any available. The duty is ongoing. It does not end simply because we had a hearing denying services to one side or offering services or other [sic]. [DPSS] must continue to do so.” Mother argued the trial court abused its discretion in finding DPSS exercised due diligence in trying to locate relatives for placement of S.K. The Court of Appeal disagreed: "Mother’s own conduct held back the investigation." Finding no reversible error, the Court of Appeal affirmed the child's removal. View "In re S.K." on Justia Law