In re Dylan M.
Shannon S., mother of 12-year-old Dylan M., appeals from the order of the juvenile court sustaining the petition, adjudging the minor a dependent, and ordering placement out of the home. (Welf. & Inst. Code, §§ 355, 356, 358, 395.)[1] Mother argues that the jurisdictional finding pursuant to section 300, subdivision (g) (hereafter section 300(g)) and the dispositional order are not supported by substantial evidence and that failure to comply with the notice provisions of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) compels reversal. The Department of Health and Social Services (Department) has conceded the ICWA notice error and we reverse to permit compliance with the ICWA. We further conclude the juvenile court did not properly consider whether the provisions of section 300(g) were satisfied at the time of the jurisdictional hearing and reverse to permit the juvenile court to apply the proper standards in evaluating whether the minor comes within the provisions of section 300(g).
Comments on In re Dylan M.