In re W.M. CA2/4

BACKGROUND

As the parties are familiar with the facts and procedural history of the case, we do not restate those details in full here.

Unless otherwise specified, subsequent statutory references are to the Welfare and Institutions Code. “[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 Below, we discuss only the facts and history as needed to resolve the issue presented on appeal. In a separate dependency case, the juvenile court sustained a section 300 petition alleging that W.M.’s father, Daniel M. (father), sexually abused W.M.’s half-sister. The day after jurisdiction was terminated, W.M. was born, and DCFS received a referral for W.M. Before W.M. was removed from mother and father in February 2022, DCFS spoke with them and several relatives. A social worker interviewed maternal great-grandmother, maternal step-grandmother (Kym S.), and one maternal aunt (Teresa S.) but did not ask them about possible Indian ancestry. Parents were asked to identify relatives with whom…