In re Kima H. CA2/2

Good Law
Court of Appeal of CaliforniaAugust 29, 2024B337212California1,500 words

Opinion

Opinion

FACTS AND PROCEDURAL BACKGROUND2

Mother gave birth to Kima H. in March 2017. Kimo H., Kima’s biological father, died in September 2018. Mother and father began dating and mother gave birth to Alexandra N. (born

All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

The sole issue raised in mother’s appeal is ICWA compliance, and we accordingly focus on the facts bearing on that issue.

2 August 2020). Father is the biological father of Alexandra and the presumed father of Kima. On March 8, 2021, the juvenile court exerted dependency jurisdiction over Kima and Alexandra based on the parents’ history of domestic violence and father’s substance abuse (§ 300, subds. (a) & (b)). In connection with the initial detention hearing, mother and father filed Judicial Council ICWA-020 Parental Notification of Indian Status (ICWA-020) forms indicating no Native American ancestry; at the detention hearing mother and father orally confirmed that they “d[id] not have any Native American Indian heritage in [their] background”; and the juvenile court made a finding that ICWA did not apply to these children. On March 1, 2022, the juvenile…

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