In re D.R. CA3

FACTS

Following an incident of domestic violence in May 2011, which placed three- month-old D. at risk of physical harm and resulted in the parents’ arrest, the Butte County Department of Employment and Social Services (Department) filed a petition alleging the minor was at risk due to the parents’ domestic violence and mother’s history of mental health and substance abuse issues. The juvenile court ordered the minor detained and in August 2011 sustained the petition as amended. The disposition report, filed in August 2011, recommended services for the parents. The report stated father claimed Indian heritage in the Mono tribe and was enrolled in the North Fork Rancheria branch of the tribe. The tribal representative confirmed the minor’s eligibility for membership in the tribe and told the social worker she was waiting for father to send completed tribal enrollment papers and additional documentation from the Department. The report further stated the maternal grandmother had been considered for placement but was denied and had filed a grievance. The minor was initially placed in shelter care then moved to a foster home licensed by the county because there was no identified ICWA…