In re E.L. CA4/2

Good Law
Court of Appeal of CaliforniaSeptember 4, 2024E081162California1,363 words

Opinion

Opinion

I.

FACTS AND PROCEDURAL BACKGROUND

A. Original Dependency Proceedings And Establishment of Guardianship

With Paternal Relatives In Iowa.

After investigating a referral about domestic violence in the home, DPSS applied

for and received protective custody warrants and took E.L. and his siblings M.B. and

A.B. into custody. In a petition filed May 9, 2018, DPSS alleged the children were

dependents of the juvenile court under Welfare and Institutions Code section 300,

2 subdivision (b)(1). Specifically, DPSS alleged mother engaged in domestic violence with

E.L.’s stepfather in the presence of the children; mother had unaddressed mental health

issues, including bipolar disorder and borderline personality disorder, which limited her

ability to care for the children; and mother had a child welfare history for domestic

violence issues but failed to benefit from her services. Mother denied E.L. had any

known Indian ancestry and informed the social worker that E.L.’s father was deceased.

During the detention hearing, mother and E.L.’s maternal grandparents denied

having Indian ancestry. The juvenile court made a prima facie finding on an amended

petition and ordered E.L.…

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