The father of a San Jose infant who died of an opioid overdose faced a judge on Friday.
While the baby's family looks for answers to how this could happen, Santa Clara County is on the hot seat after admitting police and child protective services workers had responded to multiple calls at the apartment where the infant died.
Three-month-old Phoenix Castro's body was found in an "apartment littered with opioids" in May, according to the Santa Clara County District Attorney's Office. An autopsy report showed the infant died of a fentanyl overdose.
The baby's maternal grandmother and uncle faced the victim's father in court.
Get a weekly recap of the latest San Francisco Bay Area housing news. Sign up for NBC Bay Area’s Housing Deconstructed newsletter.
Phoenix's father, David Anthony Castro, is charged with child neglect and possession of a controlled substance. The baby's mother, Emily De La Cerda, was not home at the time of the incident, and died of an overdose in the same apartment last month, prosecutors said.
"Somebody dropped the ball and they need to pick up the tab for it, whether it was social services," family member Edward Morillo said. "Someone has to be held accountable because we did our damn best to keep Emily sober."
Santa Clara County officials have acknowledged law enforcement officers and child protective services had made multiple visits to the family before baby Phoenix overdosed and never removed the child from the home. They are now asking the state to investigate the county's own child protective services' role in the baby's death.
The DA's Office said at the apartment they found fentanyl, broken glass pipes, and aluminum foil next to a baby bottle. Neighbors and friends also said they regularly saw police and CPS workers at the home prior to the death.
Castro's bail hearing is set for Nov. 7
