In re T.L. CA3

FACTS AND HISTORY OF THE PROCEEDINGS

This background is limited given the sole issue on appeal. In early 2023, the Department filed separate dependency petitions for T.L. and S.L. (the children) under section 300, subdivision (b)(1) alleging the children had suffered or were at substantial risk of suffering serious physical harm or illness due to mother’s longstanding substance abuse and recent positive drug tests. The juvenile court detained the children on January 23, 2023. At that hearing, mother denied Native American ancestry, consistent with her Parental Notification of Indian Status (ICWA-020) form. As such, the court found there was no reason to know or believe the children were Indian children. Nevertheless, the court ordered the Department to “comply with its affirmative and continuing duty to inquire” of available and extended family members whether the children had Native American ancestry. In March 2023, the juvenile court found jurisdiction over the children, adjudged them dependents of the court, and ordered reunification services to mother. The Department left messages with the children’s maternal grandmother, R.W., as well as a godmother, D.G. concerning…