Angel C. v. Super. Court CA1/2

BACKGROUND

A. Detention In February 2014, when S.C. was 13 months old, the Agency received reports that Angel had been using drugs while caring for S.C. and would sometimes leave S.C. in the care of her sister, who had mental health issues and also used drugs. The Agency detained S.C. on February 26, 2014, after Angel was arrested for being under the influence of a controlled substance.2 On February 28, 2014, the Agency filed a section 300 petition on behalf of S.C. making allegations under subdivisions (b), (g) and (j). Attached to the petition was an ICWA-010(A) form noting that Angel was an enrolled member of the Tribe and that S.C. may be a member or eligible for membership. Three older children born to Angel had previously been removed from her care and were in the guardianship of relatives because she had failed to reunite with them. One of the older children was a full sibling of Angel and the parental rights of both Angel and C.C. were terminated on October 15, 2009. Angel had a lengthy record of arrests dating back to 1997, some for use of a controlled substance. At the time S.C. was

2 Angel refused to submit to drug testing after her arrest. The record does not…