In re D.M. CA2/3

BACKGROUND

This dependency proceeding concerns father, mother— who is not a party to this appeal—and their child D.M. 1. Underlying dependency proceedings The Department became involved when it received a report alleging mother was smoking methamphetamine in D.M.’s presence. At the time, mother and father were not in a relationship; D.M. lived with mother. Father was living with paternal grandmother, paternal aunt, and D.M.’s half-sibling

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

2 S.W.—father’s daughter from another relationship. (The juvenile court declared S.W. a dependent in February 2011. It ultimately terminated its jurisdiction and awarded father and S.W.’s mother joint custody.) After investigating the initial allegation and additional allegations about domestic violence between mother and her boyfriend, the Department had D.M. removed from mother and released to father. On February 22, 2021, the Department filed a section 300 petition…