In re Destiny S

In In re Destiny S. (2012) 210 Cal.App.4th 999, the mother tested positive for marijuana and methamphetamine even though she said she had stopped using methamphetamine a year before. (Id. at p. 1001.) The court reversed the jurisdiction order, however, in light of evidence that by the time of the jurisdiction hearing, the mother had tested negative for marijuana and methamphetamine for three months and the evidence showed that the mother was not neglecting Destiny but, to the contrary, Destiny's room was "neat and clean," she attended school regularly, had no behavioral or discipline issues, and wanted to return to her mother. (Id. at p. 1004.) In addition, Destiny was 11 years old and "'old enough to avoid the kinds of physical dangers which make infancy an inherently hazardous period of life.'" (Ibid.)