In re B.M. CA3

BACKGROUND

On May 11, 2012, Sacramento County Department of Health and Human Services (Department) filed a section 300 petition on behalf of the then three-month-old minor. The minor had been presented in the emergency room with facial bruising, a fractured tibia, and symptoms of seizures. After numerous scans and tests, it was determined the minor had sustained nonaccidental injuries from being shaken and would likely have developmental delays and impaired vision as a result. The parents denied any knowledge of the minor having been shaken. They declined to meet with the social worker and did not participate in recommended services. In accordance with the Indian Child Welfare Act (ICWA)2 the Tyme Maidu Tribe, Berry Creek Rancheria was notified of the proceedings and intervened on behalf of the minor. The juvenile court found the minor to be an Indian child. The juvenile court took jurisdiction over the minor, declared him a dependent child of the court, and removed him from parental custody. The parents were not provided reunification services. By the time of the social worker’s June 2013 section 366.26 report, the minor was a year old. He was within normal height and weight…