In re W. O

In In re W. O. (1979) 88 Cal.App.3d 906, 909, the Court of Appeal reversed an order removing children from the home after marijuana and cocaine were found on the premises and the father admitted using cocaine "in 'minor' amounts." The father's probation officer, a public health nurse and a counselor at the children's shelter all testified "the children appeared healthy, happy, well cared for and that the parents did not appear to be under the influence of drugs." In re W. O., supra, 88 Cal.App.3d at p. 908. The appellate court concluded: "The record contains no evidence supporting the conclusion that parental custody would actually harm these children." In re W. O., supra, 88 Cal.App.3d at p. 909. If the presence of marijuana and cocaine in the home and the parent's admitted use of cocaine is not a sufficient ground to remove a child from the home, it follows a positive test for marijuana use is not a sufficient ground for ordering monitored visits especially where, as in In re W. O., there was no evidence the parent was ever "under the influence" of the drug. In re W. O., supra, 88 Cal.App.3d at pp. 909-910.