In re Oliver S. CA4/3

I.

FACTS AND PROCEDURAL HISTORY

On February 13, 2022, Oliver was born with methamphetamine withdrawal symptoms. Mother tested positive for methamphetamine. Prior to

1 Further undesignated statutory references are to the Welfare and Institutions Code.

2 Oliver’s birth, Mother did not seek out any prenatal care. Mother had a criminal history, including narcotics charges. Mother was previously ordered to complete a drug program. Father had a criminal history involving narcotics offenses and domestic violence. The Agency determined Oliver’s removal from the parents was necessary to ensure his safety and welfare. The Agency filed a juvenile dependency petition alleging failure to protect and no provision for support. On February 18, 2022, the court conducted a detention hearing. Both parents completed forms under penalty of perjury stating that they had no American Indian/Native American heritage (the court’s ICWA inquiries and findings will be covered in greater detail in the discussion section of this opinion). Mother did not have stable housing, had no provisions to care for Oliver, and had an active arrest warrant. Father had a history of substance abuse, domestic violence, and…