In re A.W. CA3

BACKGROUND

On September 29, 2022, a special weapons and tactics (SWAT) team executed a search warrant to take mother into custody as a wanted fugitive. The SWAT team made 30 announcements to get mother to surrender but she refused. Instead, mother barricaded herself in the residence with the then one-year-old minor. After one hour of negotiations, during which the SWAT team deployed a flashbang, mother walked out of the residence with the minor and surrendered. Methamphetamine, heroin, and other drug paraphernalia were found in mother’s room. Law enforcement removed the minor and her siblings and placed them in the care of the Department. On October 3, 2022, the Department filed a dependency petition alleging that the minor came within the provisions of section 300, subdivisions (b)(1) and (c).3 Attached to the petition was an Indian child inquiry form (ICWA-010) indicating that the Department asked mother about Native American ancestry and was given no reason to believe the child is or may be an Indian child. The Department filed a detention report stating only that “[t]he Indian Child Welfare Act does not apply.” Every subsequent report filed by the Department in this

3 One…