In Re JB

Appellant R.S.C. (Mother) appeals from the jurisdictional findings and dispositional orders of the juvenile court regarding her two children, 16-year-old J.B. (J.) and 12-year-old L.K. (L.). Mother contends there was insufficient evidence to support the jurisdictional findings and the orders removing the children from her custody. We will affirm.

In the published portion of this opinion, we hold that a finding under Welfare and Institutions Code section 361, subdivision (c)(6), [1] which must be supported by expert testimony—that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child—is not required when an Indian child is removed from the custody of one parent and placed with the other parent.

Mother contends that before the juvenile court could remove her daughter L., an Indian child, from her custody and place her in father's (Father) custody, the court was required to make a finding, supported by expert testimony, that continued custody of L. by Mother was likely to result in serious emotional or physical damage to L. We disagree.

According to section 361, subdivision (c)(1),…