Parents of a 5-week-old baby boy, who passed away in November 2017 were in family court on Wednesday where the placement of their five surviving children was discussed as well as what happened to the infant.
Baby Fernandez was the youngest child of six. He was born on Nov. 11, 2017 to Belinda Fernandez and Cipriano Trevino. He died of asphyxiation on Dec. 16, 2017.
During the court proceedings, Belinda Fernandez admitted that she and Trevino were narcotic users.
According to court documents and investigators with Child Protective Services, Belinda Fernandez and Trevino were high on methamphetamines and ethamines on or about the day of Baby Fernandez’s death that occurred at their residence in Sandia.
Investigators were called to the residence after Trevino called 9-1-1 saying his infant son was not breathing.
According to CPS investigator who took the stand, the couple’s three oldest children ages 9, 7 and 5 found Trevino on top of Baby Fernandez. The children attempted to pull Baby Fernandez out from under their father, and tried to wake up the mother, but the children failed at both attempts.
The family had prior CPS cases due to abuse and neglect. Due to the previous CPS cases, social workers immediately removed the surviving children due to aggravated circumstances.
According to CPS investigators, due to the CPS cases prior to Baby Fernandez’s death, the couple was told that Trevino was not allowed in the home and Fernandez was to be supervised by the paternal grandmother at all times. The couple was also given a safety plan.
When Belinda Fernandez took the stand, she told the court that CPS gave contradicting statements about what CPS told her concerning a safety plan and her supervision with the children.
According to Belinda Fernandez, the six children stayed at her and Trevino's residence for a family night, without the paternal grandmother.
At bedtime, Baby Fernandez was placed in the parent's bed for the night. The last time the baby was seen alive was on Dec. 16 at approximately 5:15 a.m., when mom fed him.
The court hearing was recessed. Attorneys involved in the case must schedule another hearing for a later date.