In re J.M. CA3

BACKGROUND

Following the minor’s premature birth and positive test for methamphetamine, the Department filed a section 300 petition on her behalf alleging the minor was a person described in subdivisions (b)(1) and (j). The petition alleged the minor suffered, or was at substantial risk of suffering, harm due to substance abuse by mother. The petition further alleged substantial risk to the minor due to the abuse or neglect of, and eventual termination of mother’s parental rights over, the minor’s three half siblings. A protective custody warrant issued and the minor was later temporarily detained for protection. Eventually, the minor was released from the neonatal intensive care unit and placed in a confidential foster home. On December 2, 2020, the minor’s mother denied having any Native American heritage and later filed an ICWA-020 form confirming her denial. On December 3, 2020, father reported that while he was not registered, he possibly had Native American heritage through his paternal grandfather, who had resided on the Hoopa Valley Tribe’s reservation in the “late 1980’s / early 1990’s.” Father provided his paternal grandfather’s name and that he had died in 2016. In…