In re E.V. CA3

BACKGROUND

The minor was born in February 2024. That same month, the Agency filed a dependency petition under section 300, subdivision (b)(1). The petition alleged father had a substance abuse problem and hospital personnel observed him acting in an irrationally agitated manner towards hospital staff during the birth of the minor. The hospital staff also reported father had glazed eyes and slow blinking. Father’s reported criminal history included multiple charges of battery on a spouse or cohabitant, inflicting corporal injury on a spouse, burglary, and possession of a controlled substance. Father had served time in prison and had multiple parole and probation violations. At an in- home visit shortly after the birth, the minor’s mother, E.M. (mother) claimed father did not use drugs and was merely tired at the hospital. But drugs and drug paraphernalia were observed in the bathroom of the home. Once again, father showed signs of illicit substance abuse. The initial detention report recommended the minor remain in protective custody until the jurisdictional hearing. The report stated that the ICWA did not apply. When the social worker asked mother and father about any Native…