Imperial CountySocial Services v. Superior Court
On July 12, 2006, Imperial County Department of Social Services (Department) filed juvenile dependency petitions on behalf of 20-month-old Edgar and his two older siblings. The Department alleged the children suffered, or were at a substantial risk of suffering, serious physical harm (Welf. & Inst. Code,[1] 300, subd. (a)) based on a report from a medical professional that Edgar had a cigarette burn on his chest that was not necessarily consistent with the explanation given by his mother (Lorena). The Department also alleged failure to protect (300, subd. (b)) based on Lorena's admissions to the social worker that (1) Edgar came into contact with her lighted cigarette, (2) Lorena had been using methamphetamine on a regular basis from the time Edgar was born, (3) Lorena had begun smoking the drug the past few months, and the smoking caused her to become seriously addicted and affected her ability to supervise and protect the children, and (4) Edgar had not received any of his immunizations. The petition also alleged the children were suffering, or were at a substantial risk of suffering, serious emotional damage (300, subd. (c)). A writ issued directing the superior court to vacate its orders of March 21, 2007, and April 3, 2007, setting the joint hearing and denying reconsideration. The stay issued by this court on April 5, 2007 is vacated.
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