In re Gabriel B. CA4/1

Good Law
Court of Appeal of CaliforniaAugust 7, 2013D063710California1,179 words

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.

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