California Welfare and Institutions Code Section 300(b)

In In re Drake M. (2012) 211 Cal.App.4th 754, the court held "a finding of substance abuse for purposes of Welfare and Institutions Code section 300, subdivision (b), must be based on evidence sufficient to (1) show that the parent or guardian at issue had been diagnosed as having a current substance abuse problem by a medical professional or (2) establish that the parent or guardian at issue has a current substance abuse problem as defined in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (4th rev. ed. 2000 (DSM-IV-TR)." (Drake M., at p. 766.) In Christopher R., supra, 225 Cal.App.4th at page 1218, filed after the Department submitted its brief on appeal, the Court "recognized the Drake M. formulation as a generally useful and workable definition of substance abuse for purposes of section 300, subdivision (b)," but held it was "not a comprehensive, exclusive definition mandated by either the Legislature or the Supreme Court." (Ibid.) The Court also noted the definition of "substance abuse" was replaced with the more broadly defined classification of "substance use disorders" in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) published after Drake M. (Christopher R., at p. 1218, fn. 6.) The "substance use disorders" classification "identifies 11 relevant criteria, including cravings and urges to use the substance; spending a lot of time getting, using or recovering from use of the substance; giving up important social, occupational or recreational activities because of substance use; and not managing to do what one should at work, home or school because of substance use. The presence of two or three of the 11 specified criteria indicates a mild substance use disorder; four or five indicate a moderate substance use disorder; and six or more a severe substance use disorder." (Christopher R., supra, 225 Cal.App.4th at p. 1218, fn. 6.)