In re Robert F. CA4/2

BACKGROUND

In October 2019, DPSS received a referral alleging that Jonathan F. (Father) was

emotionally and physically abusing nine-year-old Robert. A detective later contacted the

Because ICWA uses the term “Indian,” we use it as well “to reflect the statutory language.” (In re Dezi C. (2024) 16 Cal.5th 1112, 1125, fn. 1 (Dezi C.).) No disrespect is intended.

2 social worker and said that he was investigating Father for the alleged sexual abuse of a

five-year-old child. Mother was serving a prison sentence for attempted murder in

Arizona, where she had been incarcerated since at least 2015.

DPSS sought a protective custody warrant for Robert’s removal under section 340.

The court issued the warrant in late November 2019, and Robert was taken into

protective custody the next day, when Father was arrested on child sexual abuse charges.

DPSS filed a petition under section 300, subdivisions (b)(1), (d), and (g), alleging that

Robert was at substantial risk of serious physical harm or illness, he was at substantial

risk of sexual abuse, and the parents were unwilling or unable to provide care or support

for him.

Father denied having any Native American or Indian…