In re Benjamin M.

BACKGROUND

In September 2019, plaintiff and respondent San Bernardino County Children and

Family Services (CFS) filed petitions pursuant to section 300 for three children: five-

year-old Timothy H., five-year-old Daniel H., and four-year-old Benjamin M. Defendant

and appellant Guadalupe G. (Mother) is the mother of all three children. Felipe H. is the

father of Timothy and Daniel. Alvaro M. is the father of Benjamin M. Only Alvaro’s 2 possible Indian ancestry is at issue in this appeal.

Mother denied Indian ancestry. Alvaro—whom we will herein refer to as

Father—has never made an appearance in the case. During the case’s pendency, CFS

was unable to locate or contact Father (whom Mother described as homeless), although it

1 Undesignated statutory references are to the Welfare and Institutions Code. In addition, because ICWA uses the term “Indian,” we do the same for consistency, even though we recognize that other terms, such as “Native American” or “indigenous,” are preferred by many. 2 The juvenile court terminated all parental rights to the children in this case in April 2021. Mother appealed the termination orders as to all three children, but on appeal she raises only…