In re A.M. CA1/3

BACKGROUND

The Shasta County Health and Human Services Agency (Shasta County) received a referral alleging the mother was homeless,2 did not have sufficient items to care for A.M., made negative statements about A.M., and had a history of mental health issues and substance abuse. A different individual, C.M., was listed as the father on A.M.’s birth certificate. Shasta County subsequently filed a petition alleging A.M. came within the jurisdiction of the juvenile court under section 300 based on the mother’s substance and alcohol abuse, anger management, and mental health issues. The petition noted C.M.’s whereabouts were unknown. At the subsequent detention hearing, the court found the petition true and detained A.M. At that time, the mother denied having any Indian ancestry. Both the mother and C.M. submitted ICWA-020 forms, in which they denied having any Indian ancestry. In an ICWA-010 form attached to an amended petition filed by Shasta County, it noted there was “no reason to believe [A.M.] is or may be an Indian child.” In connection with the jurisdiction and disposition hearing, Shasta County filed a report that noted C.M. was not A.M.’s father and identified T.W. as…