In re B.G. CA2/2

BACKGROUND

B.G. was born in September 2018. He is the son of Manuel and Kimberly M. (Kimberly). B.G. has an older half sister. She was the subject of a 2018 juvenile dependency petition sustained against Kimberly before B.G. was born. The allegations found true by the juvenile court related to Kimberly’s chronic substance abuse and mental health issues. B.G. was conceived during Manuel’s two-week relationship with Kimberly. They were no longer sexually intimate but remained in phone contact. In March 2020, Manuel was arrested for murder and remained incarcerated throughout these proceedings. Prior to this arrest, Manuel was in and out of

2 custody for probation violations and felony vandalism. He had a criminal record. In June 2020, the Department filed a juvenile dependency petition on behalf of B.G. and his half sister against Kimberly and Manuel. The children were taken into protective custody and placed with maternal grandmother. At the November 2020 jurisdiction and disposition hearing, the juvenile court found no reason for ICWA to apply following the Department’s investigation of Manuel’s purported Indian heritage. Earlier, the court had made the same finding as to…