In re M.M. CA2/3

STATEMENT OF FACTS AND PROCEDURE

M.M., who was born in 2003, and R.M., who was born in 2004, (“children”) to mother and the presumed father, R.M. (“father”), were detained from parental custody on November 18, 2008, and a section 300 petition was filed by the Department of Children 3 and Family Services (“Department”). On February 5, 2009, children were declared dependents of the court based on sustained allegations of drug abuse and domestic 4 violence by parents. On October 7, 2009, the court sustained a subsequent petition based on additional findings of neglect and failure to protect. On November 4, 2009, no reunification services were ordered. After five placements, the children were placed in the care of foster parents who wanted to adopt them. On January 15, 2014, parental rights were terminated. Mother did not contest the recommendation to terminate parental rights.

1 All further statutory references are to the Welfare and Institutions Code, unless otherwise indicated. 2 After filing respondent’s brief, the Department informed us of a recent decision, In re Isaiah W. (2014) 228 Cal.App.4th 981, 985-988, which held that a challenge to an ICWA finding is waived if it is…