Kimberly H. v. Superior Court

In July 1999, the San Diego County Health and Human Services Agency (the Agency) filed a dependency petition as to eight-month-old Isaiah C., alleging there was a substantial risk that he would suffer serious physical harm or illness as a result of Kimberly H.’s failure to *69 provide the necessities of life. (Welf. & Inst. Code 1 § 300, subd. (b).) The petition specifically alleged Kimberly left Isaiah with a relative, saying she would return the next day. Almost four months later, the relative contacted the Agency when she was no longer willing to care for Isaiah, having been unable to obtain medical aid for the chronically ill child.

Kimberly’s history includes giving birth to two children who tested positive for methamphetamine with whom she failed to reunify. She has an extensive criminal record including robbery, auto theft, being under the influence of a controlled substance and prostitution. Kimberly was incarcerated at the time the petition was filed.

The court denied reunification services because Kimberly had failed to reunify with Isaiah’s siblings and due to her chronic drug use history and failure to complete earlier treatment programs. (§ 361.5, subd.…