In re T.S. CA3

BACKGROUND

I. In December 2018, the Agency filed a section 300 petition alleging that mother and T.S.’s father (father) were not capable of caring for newborn T.S. due to their substance abuse. (§ 300, subd. (b)(1).) Mother told the social worker preparing the detention report that she might have Native American heritage through her father, but she could not identify the tribe. Father reported that he had no Native American ancestry. The juvenile court appointed counsel for each parent at the detention hearing. The court also advised parents of the ICWA’s requirements and provided them with Parental Notification of Indian Status (Judicial Council Forms, form ICWA-020) (ICWA-020) forms. Mother and father filed their forms on January 10, 2019, indicating no Native American ancestry. A second set of ICWA-020 forms was completed later the same month, also indicating no Native American heritage. According to the Agency’s disposition report, parents also denied Native American ancestry at the detention hearing. In February 2019, the juvenile court adjudicated T.S. a dependent child of the court, and parents were ordered to participate in reunification services, including drug…