In re S.G. CA1/1

I. FACTUAL AND PROCEDURAL BACKGROUND

In January 2023, the Agency filed a section 300 dependency petition seeking to detain then-newborn Minor. The petition alleged Minor came within the jurisdiction of the juvenile court based on D.P. (Mother) and Father’s extensive history of fentanyl, methamphetamine, cocaine and heroin use, and the prior termination of Mother’s parental rights relative to another one of her children. The ICWA inquiry attachment to the section 300 petition was not completed. However, a detention report filed by the Agency indicated that a social worker spoke with both parents and the maternal grandmother regarding Minor’s ICWA eligibility. In these conversations, Father denied Native American ancestry and Mother claimed Native American ancestry through her maternal uncle who was affiliated with the Yaqui tribe, which she said was based out of North Dakota and South Dakota. The maternal grandmother stated that her brother Robert was affiliated with the Yaqui tribe but indicated the tribe was based near the border of the State of Arizona and Mexico; she also said the family hailed from the Mexico side of the border and did not claim or receive any government…