In re L.P. CA2/5

INTRODUCTION

V.J. (mother), mother of one year old L.P., appeals from the juvenile court’s jurisdictional findings and order that her substance abuse and mental health problems placed L.P. at risk of harm.1 She also contends that because the Department of Children and Family Services (Department) failed to comply with the notice provisions of the Indian Child Welfare Act (ICWA or Act) (25 U.S.C. § 1901, et seq.) with respect to L.P, Sr., L.P.’s father, the juvenile court erred in finding that the ICWA did not apply. We affirm.

BACKGROUND

The Department filed a petition under Welfare and Institutions Code section 3002 that alleged, as ultimately sustained, that then 10-month old L.P. came within the jurisdiction of the juvenile court because mother had a history of substance abuse and was a current abuser of marijuana which rendered her incapable of providing L.P. regular care, and mother previously had been under the influence of marijuana while caring for and supervising L.P. Mother’s substance abuse, the petition alleged, placed L.P. at risk of harm.3 The petition further alleged that mother had mental and emotional problems that included a diagnosis of depression,…