In re Gabriel C. CA2/6

Facts and Procedural History On August 7, 2012, HSA filed a petition for failure to protect (§ 300, subd. (b)) one-year old Gabriel after father punched out a car window during a domestic dispute

1 All statutory references are to the Welfare and Institutions Code unless otherwise stated. with Gabriel's mother, Frances V. Gabriel was cut by shards of glass and treated at the hospital. The petition stated that mother had a history of substance abuse and suffered from a mental health disability but was not participating in mental health services. Father had a criminal record and history of substance abuse that interfered with his ability to care for and supervise Gabriel. The trial court sustained the amended petition, detained Gabriel, and ordered reunification services. Services were terminated on August 12, 2013, at the 12-month review hearing based on the parents' failure to follow the case plan. The trial court set the matter for a 366.26 hearing and found that ICWA did not apply. At the section 366.26 hearing, HSA reported that mother had dropped out of contact and father had been arrested for substance related crimes and was in jail. The trial court found that…