In re Emma S. CA2/3

INTRODUCTION

J.F. (mother) appeals from the juvenile court’s orders at a six-month review hearing concerning her three children, all of whom had previously been declared dependents of the court and removed from her care. Mother contends the Department of Children and Family Services (Department) did not adequately comply with its duty of further inquiry under the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) regarding her eldest daughter. We affirm.

BACKGROUND

On May 28, 2020, the Department filed a dependency petition alleging jurisdiction over Emma S. (age 13), Lucy M. (age 8), and Donna M. (age 5) under Welfare and Institutions Code section 300, subdivisions (a), (b)(1), and (j).1 Emma is the daughter of Sam S. (father). Lucy and Donna are the daughters of Richard M.2 The petition alleged that mother failed to protect the children from domestic violence committed by her male companion, James V. (count b-1), and mother’s history of substance abuse and current marijuana abuse renders her incapable of caring for the children (count b-3).3 On July 17, 2020, the Department filed an amended petition adding allegations of

1 Allundesignated statutory references are to…