In re W.D. CA4/1
In November 2021, the Agency petitioned the juvenile court under section 300, subdivision (b), on behalf of newborn baby W.D. The Agency alleged that Mother was incapable of providing regular care for W.D. because that month, Mother presented with a psychotic disorder and was placed on a psychiatric hold, and also had tested positive for methamphetamine. The petition included a statement on Judicial Council form ICWA-010(A) that a social worker had not yet asked about W.D.’s Indian status because Mother was mentally unstable and presented with psychotic thinking, paranoia, hallucinations, and delusions.
At the detention hearing, the court deferred making a finding under ICWA due to its inability to communicate with Mother and her refusal to accept court-appointed counsel.
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