In re R.B. CA3

I. BACKGROUND3

The Department filed a section 300 petition in April 2013 alleging two-month-old R.B. was at risk of physical harm due to ongoing domestic violence between mother and her domestic partner. The petition further alleged there was an open reunification case for the minor’s half sibling arising from mother’s failure to follow through with assessments for the half sibling’s serious medical and developmental conditions. The report for the jurisdiction and disposition hearings noted the minor had feeding and breathing issues due to his premature birth and detailed the special care required by the foster parents.4 A subsequent update stated the minor also displayed mild

2We granted the minor’s trial counsel’s petition for appointment of counsel for the minor on appeal in April 2016. Facts regarding the ICWA claims are found in section II with the related discussion. 4 The minor was diagnosed with Stridor. Stridor is the term used for high-pitched breath sounds from turbulent airflow in the larynx caused by a narrowed or obstructed airway.

2 to moderate hearing loss and would require hearing aids. In June 2013, the court sustained the petition as amended and ordered…