In re Ma.M. CA2/6

FACTS AND PROCEDURAL BACKGROUND

Three-month old Mi.M. arrived at Lompoc Valley Medical Center in May of 2022 with a spiral fracture of the left humerus. Imaging revealed past fractures of the tibia and two ribs on her left side as well. The parents said Mi.M.’s two-year-old brother, Ma.M., might have injured her arm while jumping on the bed. The treating physician suspected physical abuse and reported the injuries to CWS. The juvenile court issued a protective warrant for the children. CWS alleged Mi.M. suffered her injuries while in the care of father, an active fentanyl user with a history of domestic violence and other crimes. The court detained the children under section 300, subdivision (b)(1) as to father only and placed them in mother’s home pending the jurisdiction and disposition hearing. It ordered four hours of supervised visitation for father per week and directed him to undergo random drug testing. It found no reason to believe ICWA applied. The initial jurisdiction and disposition hearing took place on July 21, 2022. The court continued the hearing date so father could enroll in a drug treatment program. It admonished him on the record that “[f]entanyl is a very…