In re M.T. CA4/2

BACKGROUND

This dependency action concerns father’s daughter M.T. (born 2006). In

June 2023 the department filed a dependency petition under Welfare and Institutions

Code2 section 300 alleging father failed to protect M.T. from mother’s abuse, that father

sexually abused M.T., and that father left her without provision for support.

The court held a contested jurisdiction/disposition hearing in October 2023. The

court found jurisdiction over M.T., removed her from both parents, ordered reunification

services for mother, and bypassed reunification services for father under section 361.5,

subdivision (b)(6). It also found that “the child may come under the provisions of the

Indian Child Welfare Act.” (All caps omitted.)

Father appealed the dispositional order.

1 “[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.)

2 All unlabeled statutory references are to the Welfare and Institutions Code.

ANALYSIS

Father argues the department and the juvenile court did not comply with their…