In re David H. CA1/2

BACKGROUND

David’s brother, K.H., was injured and brought into protective custody on September 13, 2011. He was removed from the care of mother and David H. (father). The agency filed a petition pursuant to section 300, subdivision (a) on behalf of K.H., and

All further unspecified code sections refer to the Welfare and Institutions Code.

1 the juvenile court sustained the petition and declared K.H. a dependent child of the court. The parents failed to reunify with K.H. and the court terminated services to the parents on September 1, 2011. Mother’s parental rights to K.H. were terminated under section 366.26 on April 13, 2012.2 David was born after his brother had been removed from the parents’ home. The parents failed to address the concerns leading to his sibling’s removal and, in September 2011, the agency filed a petition pursuant to section 300, subdivisions (b) and (j) on behalf of David. The juvenile court held a detention hearing on September 16, 2011. The parents submitted on the recommendation of detention, and the court ordered the continued detention of David. The court found that father was the presumed father of David. The court asked whether the parents…