Supes consider lawsuit after fentanyl death of Baby Phoenix

SAN JOSE, Calif. - Santa Clara County supervisors may consider a lawsuit to force the release of a report about the county's child welfare agency.

"You can’t fix the system if you don’t know what the problem is," Supervisor Joe Simitian said during Tuesday's meeting. "And if you can’t see the report, you can’t tell what the problem was."

These issues stem from the case of Baby Phoenix, who died from fentanyl.

Child welfare advocates say the county knew about her father's drug addiction, and should have removed the child from the home.

"We're here because we know the system sometimes needs to shift and be responsive to what is happening," Supervisor Sylvia Arenas said.,

Baby Phoenix's father, David Castro, is currently in jail on a child endangerment charge.

The baby's mother died four months after Phoenix's death, also from a drug overdose.