In re Oscar M.
Two-day old Oscar M.[1] was detained at the neonatal intensive care unit of the hospital in which he was born. A Welfare and Institutions Code section 300 petition was filed alleging that Oscar M. and his biological mother, J.S., “tested positive for amphetamines†and that mother admitted to “using methamphetamines for years,†including during her pregnancy. Finally, the petition alleged that Oscar M., Sr., was the presumed father and was incarcerated with a release date of March 9, 2014.[2]
A detention report filed by Stanislaus County Community Services Agency (the Agency) on October 11, 2012, indicated that mother had reported Cherokee and Choctaw ancestry in prior dependency proceedings. The report detailed prior dependency proceedings involving Oscar M.’s sibling. In those proceedings, the court had found that the Indian Child Welfare Act (ICWA) did not apply.
The jurisdiction/disposition report indicates the social worker met with mother on October 11, 2012. Mother advised she would be moving “soon†and her physical and mailing address would be on “Itasca Court.†Mother also reported Choctaw and Cherokee ancestry. She said there were no other possible fathers of Oscar M. other than Oscar M., Sr.
Mother filed a Notification of Mailing Address on October 12, 2012, indicating an address on “ITASCA CT.†The same day, father filed a Parental Notification of Indian Status, which indicated that father had no Indian ancestry as far as he knew.
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