IN RE N.R.

No. S274943.

15 Cal.5th 520 (2023)

In re N.R., a Person Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. O.R., Defendant and Appellant.

Supreme Court of California.

December 14, 2023.


Attorney(s) appearing for the Case

Sean Angele Burleigh , under appointment by the Supreme Court, for Defendant and Appellant.

Duke Law School, Allison E. Korn ; UCLA School of Law and Alicia Virani for W. David Ball, Barton Child Law and Policy Center, Paul Bennett, Leo Beletsky, Taleed El-Sabawi, Matthew I. Fraidin, Stephanie K. Glaberson, Cynthia Godsoe, Crystal Grant, Josh Gupta-Kagan, Julia Hernandez, Alex Kriet, Sarah Lorr, Laura Matthews-Jolly, Jennifer D. Oliva, Dorothy Roberts, Shanta Trivedi and Vivek Sankaran as Amici Curiae on behalf of Defendant and Appellant.

Proskauer Rose, Jonathan M. Weiss , Justin B. Cohen , Michelle K. Moriarty and Bradley M. Presant for Association for Multidisciplinary Education and Research in Substance Use and Addiction and California Society of Addiction Medicine as Amici Curiae on behalf of Defendant and Appellant.

Leslie A. Barry for Persons with Lived Experience in the Child Welfare System as Amici Curiae on behalf of Defendant and Appellant.

Martin Schwarz , Public Defender (Orange), and Brian Okamoto , Deputy Public Defender, for California Dependency Trial Counsel and California Appellate Defense Counsel as Amici Curiae on behalf of Defendant and Appellant.

Minouche Kandel ; Elizabeth Gill , Faride Perez-Aucar ; Brenda Star Adams and Jean Strout for American Civil Liberties Union Foundation of Southern California, the American Civil Liberties Union Foundation of Northern California, the National Center for Youth Law and Children's Rights, Inc., as Amici Curiae on behalf of Defendant and Appellant.

Kellen Russoniello for Drug Policy Alliance, Any Positive Change, Beyond Do No Harm Network, California Coalition for Women Prisoners, Children's Defense Fund-California, CLARE Matrix, Community Legal Services in East Palo Alto, Elephant Circle, Immigrant Legal Resource Center, JMACforFamilies, Law For Black Lives, Legal Action Center, Legal Momentum, Women's Legal Defense and Education Fund, Legal Services for Prisoners with Children, National Harm Reduction Coalition, National Health Law Program, A New Path (Parent for Addiction Treatment & Healing), Pregnancy Justice, San Francisco AIDS Foundation and Sidewalk Project as Amici Curiae on behalf of Defendant and Appellant.

The Hill Law Firm and Tasha Alyssa Hill for Professor Alan J. Dettlaff and Professors of Social Work and Social Workers as Amici Curiae on behalf of Defendant and Appellant.

Rodrigo A. Castro-Silva and Dawyn R. Harrison , County Counsel, Kim Nemoy , Assistant County Counsel, Sarah Vesecky and David Michael Miller , Deputy County Counsel, for Plaintiff and Respondent.

Jennifer Hearing ; David Chiu , City Attorney (San Francisco), Kimiko Burton and Elizabeth McDonald Muniz , Deputy City Attorneys, for California State Association of Counties as Amicus Curiae on behalf of Plaintiff and Respondent.


OPINION

We granted review in this matter to decide two related issues associated with the exercise of dependency jurisdiction by the juvenile court.

The first issue concerns the meaning of "substance abuse" as used within Welfare and Institutions Code section...

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