In re Adan R. CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Events Leading to the Section 366.26 Hearing The dependency proceeding in this case began in late July 2017, when Adam and Jayden (then 8 and 5 years old) were living with mother, who was their primary caretaker. Father and mother (together, parents) were separated. Father would take the children for visits on nights and weekends, but he did not live with them or provide their day-to-day care. Both children have special needs, including speech and developmental delays. The Santa Clara County Department of Family and Children’s Services (Department) placed the children into protective custody following an incident in late July 2017, when father was arrested for driving under the influence of alcohol with the children in the vehicle. At the time of the traffic stop, the children had no car seats or room to be seated safely because of items and garbage inside the vehicle. Mother arrived at the police station to retrieve the children but appeared to be under the influence. She denied using drugs and declined a drug test, had no car seats to transport the children, and blamed father for driving under the influence with the children in the vehicle.…