In re K.M. CA6

I. FACTUAL AND PROCEDURAL BACKGROUND1

In June 2022, the Department initiated dependency proceedings pursuant to Welfare and Institutions Code section 300, subdivision (b),2 alleging that Mother’s and K.M.’s presumed father’s, J.L., (Presumed Father) substance abuse problems put K.M. at risk. In the petition, the Department noted that its ICWA inquiry gave reason to believe K.M. is or may be an Indian child. The assigned social worker stated in the investigation narrative that Mother and Presumed Father denied having any Indian heritage. The social worker asked maternal grandmother whether she had any Indian ancestry. Maternal grandmother responded that maternal grandfather’s side may have Indian heritage. She believed maternal great-grandmother on maternal grandfather’s side may have Azteca Indian ancestry. Maternal grandmother said that she would try obtaining more information from maternal grandfather’s side. Mother and maternal grandmother told the social worker they did not have maternal grandfather’s contact information. Maternal grandmother contacted maternal grandfather via social media. Maternal grandfather responded to maternal grandmother’s social media message stating…