San Diego County v. Michael L.

Michael L. appeals orders made at the six-month juvenile dependency review hearing regarding his sons, Andrew L. and Matthew L., granting a motion by the San Diego County Health and Human Services Agency (the Agency) to dismiss count (a) of the Welfare and Institutions Code 1 section 300 petition regarding Matthew and to strike words from count (b) of Matthew’s petition. We affirm the orders.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2008 the Agency petitioned on behalf of infant Andrew on the ground that his mother, Darcy B., abused alcohol and prescription drugs. Darcy had been brought to a hospital just before Andrew was bom after a domestic violence incident with Michael. She tested positive for benzodiazepines, her blood-alcohol level was 0.25 percent, and she admitted drinking a pint and a half of vodka. After Andrew’s birth, the court ordered him detained in foster care. In June it found the allegations trae, ordered Michael and Darcy to comply with their case plans and ordered Andrew placed with Michael and that Darcy would have supervised visits.

Matthew was bom prematurely to Darcy and Michael one year later in February 2009. He spent one month in a…