Two weeks after her arrest on drug charges, Courtney Love was in Los Angeles Juvenile Court on Thursday in an attempt to regain custody of her 11-year-old daughter, Frances Bean Cobain.
The custody battle came in the wake of Love’s October 2 arrest and subsequent charge for being under the influence of a controlled substance. Just hours after her arrest, Love was reportedly transported to a Century City hospital by Beverly Hills emergency services for an undisclosed drug overdose.
On October 10, officials from the Los Angeles County Department of Children and Family Services (DCFS) came to place Frances Bean, the only child from Love’s marriage to late Nirvana frontman Kurt Cobain, in the care of Cobain’s mother, Wendy O’Connor, according to the New York Daily News and sources close to Love.
Due to confidentiality laws, a DCFS spokesperson could not confirm any information about Love’s court proceedings. “Hypothetically, if someone is hospitalized or arrested under the influence of drugs and we feel that poses an abusive threat to the safety of a child, we will respond and assess the situation,” spokesperson Neil Zanville said. “We will remove that child and place him or her, usually with a relative.”
Love told the Daily News that on the day her daughter was taken away, however, authorities ordered her to undergo a 72-hour evaluation at Pasadena’s Las Encinas hospital, citing California Welfare Code 5150, which states, “When any person.. is a danger to others, or to himself or herself… a peace officer… or other professional person designated by the county may… take the person into custody.”
The singer apparently did not complete the 72-hour evaluation, and managed to leave the facility after half of her designated stay. According to a source close to her, Love told the evaluation doctors that she was ready to enter rehab, at which point they signed her out of the psych ward so she could change facilities, both of which were housed at the same hospital. The source said that Love, however, kept walking and never entered the rehab facility.
Love’s lawyer, William Genego, told MTV News that the city attorney’s office has offered the singer the same drug diversion program taken by Velvet Revolver frontman Scott Weiland earlier this year, which would spare her jail time in exchange for rehab and court-ordered counseling. Genego said a decision has not yet been made on whether Love will take that option. He also said that he is considering filing a motion before her October 31 arraignment to have an outside expert re-examine the police’s toxicology reports, which are expected soon. If convicted, Love faces a minimum of 90 days and up to a maximum of one year in county jail.
Frances Bean was born in August of 1992 and taken away from Love and Cobain shortly after in light of the publication of a Vanity Fair article in which Love admitted to using drugs during her pregnancy. The child was returned several months later after a lengthy court battle.
Though they were concerned about Love’s well-being, sources close to Love said “there’s no need to worry about Frances,” as she is frequently in the care of her longtime nanny.