In re S.A. CA3

BACKGROUND

On September 6, 2018, only days after the minor was born, the Department filed a dependency petition alleging the minor came within the provision of section 300, subdivision (b)(1) because she was at substantial risk of harm due to mother’s current substance abuse. Attached to the petition was an Indian child inquiry (ICWA-010) form indicating the minor may have Native American ancestry. The juvenile court subsequently found appellant to be the minor’s presumed father, who may have Native American heritage. The court placed the minor in father’s custody where she was ordered to remain until the jurisdictional hearing. In March 2019, the minor’s mother indicated to the juvenile court that she may have Blackfeet, Cherokee, and Cheyenne Indian ancestry. At the March 28, 2019, hearing, the juvenile court found placement with father was no longer in the minor’s best interest. The minor’s paternal grandmother, who was at the hearing, advised the court that she had Indian ancestry and the court ordered the Department to begin the ICWA inquiry. In December 2019, the Department filed a section 387 petition alleging father tested positive for amphetamine, methamphetamine,…