In re A.Y. CA1/1

BACKGROUND

In January 2022, the Department filed a section 300 petition alleging one-month-old minor has suffered, or there is a substantial risk minor will suffer, serious physical harm or illness “as a result of willful or negligent failure of [mother] to adequately supervise and protect [minor] due to her substance abuse” and “mental health issues which are exacerbated by her substance use.” (§ 300, subd. (b).) Specifically, the petition alleged mother had used amphetamines for two days in December 2021 while minor was in her care, mother had a “past history of polysubstance drug [use] and used substances during her pregnancy,” mother had “used methamphetamine and other substances off and on for over a decade,” and mother had a “history of multiple hospitalizations due to suicidality while [she was] under the influence while [minor’s] sibling was previously in her care, thus putting [minor] at substantial risk of harm.” The petition averred the Department had completed an initial ICWA inquiry asking mother about minor’s Indian status (Judicial Council form ICWA-010) and that inquiry “gave . . . no reason to believe the child is or may be an Indian child.” At the detention…