In re J.D. CA2/3

BACKGROUND

1. Proceedings leading to termination of parental rights The Department became involved with the family in September 2016 when it responded to an allegation that J.D.’s and R.D.’s father had sexually abused then-two-year-old J.D., and that then-two-month-old R.D. was at risk of abuse. At the time, another dependency case was pending against father concerning his alleged sexual abuse of his daughter—J.D.

Undesignated statutory references are to the Welfare and Institutions Code. Because ICWA uses the term “Indian,” we do the same for consistency. (In re Benjamin M. (2021) 70 Cal.App.5th 735, 739, fn. 1 (Benjamin M.).)

2 and R.D.’s half-sister.2 Parents also reportedly had a domestic violence encounter in July 2016. The Department obtained a removal order and detained the children from father. The Department filed a section 300 petition, and in February 2017 the juvenile court sustained allegations that J.D. and R.D. were at substantial risk of serious physical harm due to parents’ history of domestic violence; father’s history of and current illicit drug use and mother’s failure to protect the children; father’s mental and emotional problems; and father’s…