In re Charles G. CA2/2

FACTS AND PROCEDURAL HISTORY

When Mother gave birth to Charles G. in 2020, hospital staff found drug paraphernalia on her person. She admitted taking heroin in the hospital bathroom and tested positive for opiates, methamphetamine, and amphetamine. Mother has used heroin for 10 years and took it throughout her pregnancy. Father confirmed Mother’s disclosure that he also uses drugs; he began using heroin as a teenager. Newborn Charles tested positive for opiates and began treatment for drug withdrawal symptoms. Respondent County of Los Angeles Department of Children and Family Services (DCFS) detained Charles. In the detention report, Mother denied Indian heritage but said that Father has Cherokee ancestry. Father indicated that he is half Cherokee, in the Red Paint Clan, and is seeking tribal membership.

Unlabeled statutory references are to the Welfare and Institutions Code.

2 A dependency petition, filed July 1, 2020, alleged that appellants’ drug abuse endangers Charles’s health and safety, and places him at risk of harm. An Indian Child Inquiry (ICWA-010) form attached to the petition states that Charles may be a member of the Cherokee Red Paint Clan. Father submitted a…