In re A.G. CA1/1

BACKGROUND

Proceedings Before Section 366.26 Hearing These proceedings were initiated pursuant to a section 300 petition alleging failure to protect and abuse of a sibling. In its detention report, the Mendocino County Department of Social Services (Department) noted it had received a referral alleging then three- year-old minor, who was living with mother,2 was present “in the home where dangerous items were found within reach.” Specifically, the social worker observed drug paraphernalia, including syringes, which were “ ‘loaded and ready to go with heroin’ ” on the bed, dresser, and in a tote bag on the floor; a “blackened spoon with an unknown substance” and what appeared to be marijuana; and a “rubber tourniquet laying on the floor,” all of which “was at child level, and in easy reach of both children.”3 In the Department’s interview with father, he stated he had lived with mother prior to minor’s birth for three years. He maintained he had never observed mother to be under the influence, although “he had heard rumors she was using.” From birth, minor mostly lived with mother, while father lived about two minutes away. Except for a three-month period when minor lived with…