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In re J.M. CA2/1
Mary C. Wickham, County Counsel, and Kim Nemoy, Principal Deputy County Counsel, for Plaintiff and Respondent.
H.E. (mother) appeals from the dependency court’s finding that the Indian Child Welfare Act (ICWA) did not apply to her son, J.M. J.M. was removed from his father (hereafter father) after he was found wandering alone at night while in father’s care. At the time, mother and father had an informal, mutual custody arrangement in which J.M. alternated living with each parent. The court found mother to be a nonoffending parent, and placed J.M. in her physical custody. As neither DCFS nor the court contemplated placing J.M. in foster care, and because J.M. remained in mother’s sole physical custody, we affirm.

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