In re U.S. CA6

Good Law
Court of Appeal of CaliforniaJune 16, 2015H041803California7,761 words

Opinion

Opinion

Grover, J.

FACTS AND PROCEDURAL HISTORY

I. Initial March 2010 Petitions and Detention Orders

On March 12, 2010, the Department filed two virtually identical petitions alleging the parents had failed to protect the minors. (§ 300, subd. (b).) The Department alleged,2 among other things, that the minors were placed in protective custody after Mother was arrested for being under the influence of alcohol (blood alcohol content of .223). “[M]other was incoherent and unable to adequately care for her children nor make other arrangements for their care.” Social Worker Vivian Sanchez had reported that four San José Police Officers had responded to a late-night neighborhood disturbance call and were present at Mother’s home when Sanchez arrived. Officers reported that upon their arrival, Mother was extremely intoxicated, out of control, combative, and belligerent. Upon their inspection of the premises, the officers found a trail of blood leading from Mother’s apartment and around the block. Mother had no recollection of what had happened. One of the officers interviewed two neighbors, who stated that Mother was intoxicated almost daily, and “there [were] different characters constantly coming…

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