In re J.A. CA5
Mother had four children—Sophia C., Jo.A., C.A., and J.A. Sophia, Jo.A, and C.A. have different fathers and were removed from mother’s custody in prior dependency proceedings due to her untreated mental health problems. Sophia’s father had sole legal and physical custody of her, and maternal uncle Jaime D. had legal guardianship of Jo.A. and C.A. J.A. is the only child who is part of this appeal.
On April 30, 2021, the department filed a petition pursuant to section 300, subdivisions (b) and (j), on behalf of J.A. alleging he was at substantial risk of suffering serious physical harm or illness due to mother’s substance abuse and mental health problems and because his half siblings had been abused or neglected. The Indian Child Inquiry Attachment form (ICWA-010(A)) indicated mother had been asked about J.A.’s Indian status and she gave no reason to believe J.A. was or could be an Indian child. Father’s whereabouts were unknown and he had not been asked about Indian ancestry
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