What CPS Must Now Prove About Drug or Alcohol Use

Substance abuse is one of the most common reasons CPS files a dependency petition. In 2023, the California Supreme Court changed the rules in In re N.R. (2023) 15 Cal.5th 520.

Here's what N.R. held:

•       "Substance abuse" has its ordinary meaning: excessive use of drugs or alcohol. A medical diagnosis isn't required, though one can be relevant.

•       There's no automatic presumption that a parent's substance abuse puts a young child at risk. The child's age is one factor, not a shortcut.

•       The county must still prove every element: that the substance abuse makes the parent unable to provide regular care, and that it causes or creates a substantial risk of serious physical harm to the child.

The decision cuts both ways. The county doesn't need a diagnosis to call use "abuse." But it can't rely on a presumption either. It has to connect the use to the child's actual safety.

That makes evidence of how your child is actually cared for critical:

•       Clean drug tests and treatment participation

•       A sober caregiver when needed

•       Safe storage of substances

•       School attendance, medical care and a stable routine

Related reading: [marijuana use and CPS in California](link to Post 10).

If CPS is alleging substance abuse, call me at (855) 472-7368 for a free consultation.