In re J.D. CA2/1

BACKGROUND

Because the sole issue on appeal relates to ICWA compliance, we limit our background discussion accordingly. A. Procedural Summary Mother never identified J.D.’s father, and he was not a party to the dependency proceedings. On December 1, 2020, DCFS filed a section 300 petition alleging that Mother’s substance abuse (count b-1) and mental and emotional issues (count b-2) prevented her from adequately supervising, protecting, or providing regular care for J.D. pursuant to subdivision (b)(1). On March 18, 2021, the juvenile court sustained both counts against Mother. It found removal was necessary and ordered J.D. removed from Mother. Mother’s progress towards reunification was not substantial and the court eventually terminated reunification services. On December 8, 2023, the court held a contested section 366.26 hearing, found there was no applicable exception to adoption, and terminated Mother’s parental rights.

B. ICWA Related Proceedings

Because Mother never identified J.D.’s father, no ICWA inquiry was possible of J.D.’s paternal relatives.

3 On November 30, 2020, a DCFS social worker attested that upon asking Mother about J.D.’s possible Indian status,…