In re D.L. CA4/2

BACKGROUND

Daniel came to CFS’s attention in September 2022 when the agency received a

referral alleging that he had been born positive for syphilis and that Mother had tested

positive for methamphetamine twice in the two months before he was born. When CFS

interviewed Mother, she told the social worker that she did not have any Indian ancestry.

CFS filed a dependency petition concerning Daniel, alleging that Mother failed to protect

Daniel within the meaning of subdivision (b) of Welfare and Institutions Code section

300 because she struggled with substance abuse and untreated mental health issues.

(Unlabeled statutory references are to the Welfare and Institutions Code.)

At the detention hearing later that month, Mother reported that she did not have

any Indian ancestry, and she filed a Judicial Council form ICWA-020 (Parental

Notification of Indian Status) stating the same. The juvenile court detained Daniel from

Mother.

“[B]ecause ICWA uses the term ‘Indian,’ we do the same for consistency, even though we recognize that other terms, such as ‘Native American’ or ‘indigenous,’ are preferred by many.” (In re Benjamin M. (2021) 70 Cal.App.5th 735, 739, fn. 1.)…