In re E.S. CA4/2

BACKGROUND

A. Dependency

Defendants and appellants T.H. and S.S. are the mother and father of the child E.S.

(born 2021). In October 2021, plaintiff and respondent San Bernardino County Children

and Family Services (the department) investigated a referral alleging mother and child

both tested positive for marijuana at the child’s birth. Mother admitted to using

marijuana while pregnant with the child, and continuing to use it after giving birth.

Mother acknowledged that she had older children with which she failed to reunify, a

1 Undesignated statutory references are to the Welfare and Institutions Code. “In addition, because ICWA uses the term ‘Indian,’ we do the same for consistency, even though we recognize that other terms, such as ‘Native American’ or ‘indigenous,’ are preferred by many.” (In re Benjamin M. (2021) 70 Cal.App.5th 735, 739, fn. 1 (Benjamin M.).)

2 history of substance abuse, and a history of mental health issues with a current diagnosis

for an anxiety disorder. Father also admitted to using marijuana daily.

In January 2022 the department detained the child and filed a dependency petition.

The petition alleged the child came within section 300,…