In Re Ricardo L.

Appellant Ricardo L., father of Ricardo L., Jr. (Ricardo, Jr.), appeals from a dispositional order declaring his son a dependent and denying him reunification services because the court had terminated reunification services for Ricardo, Jr.’s sibling due to appellant’s failure to reunify with her, and appellant had not subsequently made reasonable efforts to treat the problems that led to the sibling’s removal. On appeal, appellant contends (1) there was insufficient evidence to support the juvenile court’s finding that the Indian Child Welfare Act (ICWA) did not apply to Ricardo, Jr., (2) the allegations of the dependency petition fail to state a cause of action and there is no substantial evidence supporting the jurisdictional finding under Welfare and Institutions Code section 300, subdivision (j), (3) the court erred in denying him reunification services, and (4) the court erred in denying him visitation. We agree that there was insufficient evidence to support the court’s finding of jurisdiction under section 300, subdivision (j). Therefore, we will reverse the jurisdictional and dispositional orders.

Factual and Procedural Background

Appellant is the father of…