In re S.M. CA3

BACKGROUND

In December 2012, the seven-year-old minor and her two-year-old half brother J.V. were placed with the maternal step-grandmother K.B. when their mother and her boyfriend were arrested for possession of methamphetamine. Father was serving a sentence in state prison at the time. After the maternal step-grandmother’s home failed kinship requirements in March 2013, she told the Sacramento County Department of Health and Human Services (Department) she was no longer willing to make efforts to comply with kinship requirements for her home. In April 2013, the Department filed a dependency petition, alleging mother’s substance abuse problems and her inability or unwillingness to comply with informal supervision. Later that month, the juvenile court detained the minor and continued placement with the maternal step-grandmother. Mother had told the Department she had Shoshone heritage in January 2013. The Department filed a declaration about the ICWA investigation in May 2013. A Department paralegal spoke with mother, who said her Shoshone heritage is on the maternal grandfather’s side. Mother said she had a tribal enrollment number but did not know it, and she did not know which…