The Court of Appeal found that there was not a sufficient basis to find a serious risk of physical harm or neglect supporting jurisdiction or clear and convincing evidence of substantial danger to the child’s physical health, safety, protection, or physical or emotional well-being sufficient to support a removal order. The Court found father’s jurisdictional challenge to be justiciable because, even though there was a separate ground for jurisdiction, the jurisdictional findings at issue were the basis for the challenged dispositional order. The Court also noted the distinction between substance use and abuse finding that past or current substance use alone will not support a jurisdictional finding under section 300, subdivision (b).
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