A judge scheduled an evidentiary hearing for Sept. 8.
Baby Jaxon's death leads to 10 social workers placed on leave as the NAACP files a complaint accusing Santa Clara County of negligence.
The death of 2-year-old Baby Jaxon has renewed questions about Santa Clara County's foster care system, marking the third child in as many years to die while under the care and custody of the county's Department of Family and Children Services. His cousin has been charged with sexual assault and murder in connection with the case.
Evidence suggests that Jaxon had been repeatedly sexually and physically abused by his cousin after being placed with the family by the county in February.
Gilbert and Busfield, both actors, have been married since 2013.
For months after the girl was placed in foster care, her father's attempts to be reunited stalled as the government told him it couldn't make an appointment to take his fingerprints.