In re M.B. CA1/1

I. BACKGROUND

Mother’s then five-year-old daughter, M.B., was the subject of a dependency petition under Welfare and Institutions Code1 section 300, subdivisions (b) and (j), filed April 18, 2012. The petition alleged Mother, with whom M.B. lived, had been arrested for a probation violation and child endangerment after cocaine and heroin were found in her residence within the reach of the child. The juvenile court detained M.B. and later sustained the jurisdictional allegations of the petition. The Agency’s initial report stated Mother was on probation for drug-related criminal charges when a police search occurred. A man who lived in the same residence was found to be under the influence of heroin, and heroin was found in baggies on the floor of his room. A small amount of heroin and cocaine were found in Mother’s bedroom, within M.B.’s reach. Mother admitted having relapsed into drug use two months earlier, after abstaining for a period of two years. Despite her circumstances, M.B. was reported to be clean, in good spirits, and well-behaved. As required by ICWA, the Agency inquired into M.B.’s Indian ancestry. Mother disclaimed any Indian heritage, but M.B.’s presumed father…