In re Andrew G. CA2/2

Good Law
Court of Appeal of CaliforniaNovember 18, 2021B312292California1,752 words

Opinion

Opinion

FACTS AND PROCEDURAL BACKGROUND2

I. Facts Warranting Petition, Jurisdiction and

Disposition Mother has two children, ostensibly with two different men: Erik A. is the biological father of Andrew G. (born July 2015), and

All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

Because compliance with ICWA is the only issue raised in this appeal, our discussion of the facts and procedural background focuses on the facts relevant to compliance with ICWA. (In re I.B. (2015) 239 Cal.App.4th 367, 370.)

2 Edgar C. is alleged to be the father of Marvin C. (born August 2020). Edgar C. has not taken a paternity test, and denies that he is Marvin’s father. In late 2020, mother had custody of both children. In late December 2020, the Los Angeles Department of Children and Family Services (the Department) filed a petition asking the juvenile court to exert dependency jurisdiction over Andrew and Marvin on the grounds that the children were at substantial risk of serious physical harm because (1) mother had engaged in a violent altercation with Edgar C. and his female companion; (2) mother is a current substance abuser, and drove…

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