In re Francisco D.

INTRODUCTION

Mother Shirley S. appeals from the juvenile court’s jurisdictional finding under Welfare and Institutions Code1 section 300 and dispositional order under section 361 removing her adoptive son Francisco from her care. Mother also alleges that the Department of Children and Family Services (DCFS) failed to adhere to the Indian Child Welfare Act (ICWA) based on Mother’s own claim of Cherokee heritage. We affirm the juvenile court because substantial evidence supports its findings that Francisco came under the court’s jurisdiction per section 300, subdivision (j), that substantial danger to Francisco existed if he remained in Mother’s care, and that there were no reasonable means to protect Francisco without his removal from Mother’s custody. We also conclude that the ICWA is inapplicable to Francisco’s case as Francisco is neither a member of an Indian tribe, nor is he the biological child of a member.

FACTS AND PROCEDURAL BACKGROUND

Mother and the adoptive father2 adopted two siblings, eight-year-old Francisco and his 14-year-old sister Fabiola, in April 2010. Three years later, Fabiola suddenly developed diabetes, and then contracted influenza B and pulmonary…