In re F.D. CA2/4

INTRODUCTION

Mariela A. (mother) appeals from the juvenile court’s dispositional order removing her son, Fabian D. (Fabian) from her custody.1 She challenges one of the court’s jurisdictional findings, contends the dispositional order was incomplete and unsupported by the evidence, and asserts that the Department of Children and Family Services (Department) has failed to comply with the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related state law.2 We conclude mother’s appeal from the jurisdictional finding is not justiciable, and her appeal of the dispositional order is forfeited. However, we agree that the Department has failed to comply with its obligations under ICWA. Therefore, we conditionally affirm.

FACTS AND PROCEDURAL BACKGROUND

On March 14, 2023, the Department filed a dependency petition to establish jurisdiction over Fabian, who was then approximately 16 months old. The petition alleged that mother and Fabian’s father, Nelson D. (father) had a history of engaging in violent physical altercations, that mother had failed to enforce restraining orders against father, and that father had been previously convicted for injuring mother. The petition…