In re A.N. CA5

STATEMENT OF THE CASE AND FACTS

We limit our recitation of the background information to that necessary for disposition of the appellate issue. Minor had been in a probate guardianship with maternal grandmother, Maria L., from 2016 to 2019. In October of 2019, minor was placed into legal guardianship with paternal aunt M.N. After M.N. was denied a request to travel with minor out of state, she relinquished custody of minor to a Sanger police officer in June of 2022. Mother was reported as having substance abuse issues, and alleged father, A.N. (father), was in prison. A team decision making (TDM) meeting was held June 21, 2022, the day after minor was removed. Present at the meeting were mother, guardian M.N., maternal grandmother Maria L., minor’s adult half sister M.M., paternal aunt Maria N., maternal aunt E.E., and maternal uncle R.C. The record does not indicate if any were asked about possible Native American ancestry, nor were they asked about maternal grandfather.

All further statutory references are to the Welfare and Institutions Code unless otherwise stated.

2. Detention The department filed a section 300 petition alleging minor was at risk of harm due to…