In re Gabriel B. CA4/1
Opinion
Opinion
Mcdonald, J.
BACKGROUND
In August 2009, the San Diego County Health and Human Services Agency (the
Agency) filed dependency petitions for Gabriela's sons (together the siblings) Angel B.,
then nearly 10 years old, and Fernando A., then five and one-half years old. The petitions
alleged domestic violence between Gabriela and the siblings' father. In September, the
court made true findings on the petitions. In June 2010, Gabriel was born. In February
2011, at the siblings' 18-month review hearing, the court ordered the siblings returned to
Gabriela's care.
In August 2011, when Gabriel was one year old, the Agency filed a dependency
petition for him with the following allegations: Gabriela had resumed drinking alcohol to
excess, exacerbating the risk of domestic violence; she was in a new relationship with a
man, and had a history of exposing the siblings to domestic violence; and she had been
leaving Gabriel and the siblings home alone.
Gabriel was detained in Polinsky Children's Center for a few days and then moved
to a foster home. The Agency filed a supplemental petition (§ 387) for the siblings, and
they were detained in a different foster home.