In re B.P. CA2/5

I. BACKGROUND

A. Maximus’s Death On February 18, 2020, at approximately 6:00 p.m., Mother and Maximus’s father (Stepfather) drove Maximus to Good Samaritan Hospital after he stopped eating, appeared pale, and had spasms. Maximus was rushed to the emergency room where

1 Undesignated statutory references that follow are to the Welfare and Institutions Code. 2 Our resolution of these issues makes it unnecessary to resolve the Department’s cross-appeal challenging the juvenile court’s decision to decline to assume jurisdiction under section 300, subdivision (b)(1). (See, e.g., I.J., supra, at 773; accord, In re I.A. (2011) 201 Cal.App.4th 1484, 1492.)

3 he was found to be “pulseless, apneic, limp, with central cyanosis and cool skin.” The doctors performed cardiopulmonary resuscitation and revived Maximus. The attending physician observed Maximus was “severely hypothermic” and appeared to be “severely dehydrated and malnourished.” The doctor also observed abrasions along his right jaw and above his right eyebrow. Before transferring Maximus to Children’s Hospital Los Angeles (CHLA), the emergency room doctor discussed with Mother the events leading up to Maximus’s arrival at the…