Sarah K. v. Superior Court of Sonoma County
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The Sonoma County Human Services Department filed a petition on behalf of then-11-month-old A.G., alleging that A.G.’s alleged father, F.G., recently been released from prison, violently attacked her Mother twice in the baby’s presence. The Department recommended that A.G. and her 14-year-old half-sister be declared dependents and remain in Mother’s custody with Mother to receive family maintenance services. Mother and F.G. had a history of domestic violence. Mother’s extensive child welfare history began in 2015, with allegations of general neglect, physical abuse, and emotional abuse inflicted by Mother on her older daughters. Mother had a history of substance abuse. The court declared A.G. a dependent and ordered family maintenance services. About 18 months later, a neighbor found Mother unconscious and unresponsive outside her apartment at around midnight, with A.G. crying and strapped in her stroller. Paramedics arrived; when Mother was finally roused, she became combative and displayed indicators of intoxication. She admitted taking two “bars” of Xanax.
The court terminated reunification services and found that returning A.G. to Mother's care would “create a substantial risk of detriment” to A.G.’s “safety, protection, or physical or emotional well-being.” The court of appeal upheld the order, rejecting Mother's argument that the court improperly compared A.G.’s current foster home to Mother’s home and “evaluated [A.G.’s] best interest, instead of evaluating detriment of return.” There was substantial evidence that Mother’s history of drug use and relapse posed a risk of detriment to A.G.
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