San Diego County Health and Human Services Agency v. Brooke H.

Anthony T., a member of the Torres Martinez Desert Cahuilla Indian Tribe, and his mother, Brooke H., a non-Indian, appeal an order placing Anthony in foster care with an Indian family. They contend the placement is not within “reasonable proximity” to the child’s home as *1024 required under title 25 United States Code section 1915 (b), and Welfare and Institutions Code section 361.31, subdivision (b). 1 We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Anthony T, bom August 2011, is the son of Brooke H. and Ronald T. 2 Ronald is a registered member of the Torres Martinez Desert Cahuilla Indian Tribe (Tribe). Brooke has no known Indian heritage. The parents, who are not in a relationship, have histories of substance abuse and child welfare interventions. None of Brooke’s or Ronald’s other children are in their custody. Brooke’s two other children are in a guardianship with relatives. Three of Ronald’s children were adopted by tribal members through dependency proceedings; two others are with an Indian custodian.

On November 3, 2011, the San Diego County Health and Human Services Agency (Agency) filed a petition on Anthony’s behalf after he was detained in protective…