In re I.B. CA4/2

BACKGROUND

On May 12, 2010, the mother of I.B., who was born in October 2008, was shot and

killed. I.B.’s father, who was on parole at the time, was arrested the next day for being in

the company of his brother-in-law, also a parolee, in violation of a parole condition that

he not associate with other known parolees. The mother’s sister, Rosa P. was appointed

as the legal guardian of I.B. and her half-brother, Antonio H., on August 27 and August

23, 2010.

On August 28, 2010, the legal guardian and her fiancé Sergio C., took I.B. to the

emergency room for injuries to her elbow and ankle. Examination revealed a

supracondylar fracture of the elbow and a hairline fracture of the tibia. Rosa and Sergio’s

children disclosed that Sergio had picked I.B. up and dropped her on the ground, and

eventually Sergio admitted he had thrown the minor onto her bed. Because the

guardian’s initial explanations were inconsistent with the injuries, it was determined that

the injuries were inflicted nonaccidentally. I.B. and her half-brother, as well as Rosa and

Sergio’s children, were taken into protective custody.

At the initial detention hearing, mother’s sister, the legal guardian,…