In re Rafael M. CA4/2

FACTS

In February 2021, after Rafael tested positive for amphetamines at birth, the

department filed a petition under section 300, subdivisions (b)(1), alleging he was at

substantial risk of serious physical harm or illness due to neglect. The petition alleged

mother and father (who is not a party to this appeal) had criminal histories and

unresolved substance abuse issues and lacked appropriate provisions and housing to care

for the child. The department took Rafael into emergency protective custody and placed

him with his maternal aunt.

Unlabeled statutory citations refer to the Welfare and Institutions Code. 2 In interviews leading up to the filing of the petition, both mother and father told

the social worker they didn’t know of any Indian ancestry in their families. After those

initial interviews, however, the department was unable to contact or locate either parent

despite various attempts, and neither parent appeared at the jurisdiction and disposition

hearing on March 1, 2021. The court relieved their counsel from further representation,

found ICWA did not apply and found the petition’s allegations true, removed Rafael from

their care, bypassed…