In re A.B. CA3

BACKGROUND

On September 1, 2020, the Department filed a nondetaining section 300 petition on behalf of minor A.B. On September 15, 2020, the Department filed a first amended petition, alleging that A.B. came within section 300, subdivisions (a) and (b)(1) due to her parents’ ongoing domestic violence. The Department obtained a protective custody warrant to take A.B. into protective custody. At the September 22, 2020, detention hearing, father’s and mother’s appointed counsel denied that either parent had Native American heritage. Father’s counsel filed a Parental Notification of Indian Status (Judicial Council Forms, form ICWA-020) (ICWA- 020) form indicating that father had no Native American ancestry. In October 2020, the Department communicated again with mother, and she denied any Native American heritage. On October 30, 2020, the Department filed a section 300 petition on behalf of minor N.B. Prior to filing the petition, the Department asked mother about possible Native American ancestry, and she gave no reason to believe that N.B. may be an Indian child. The Department also obtained a protective custody warrant and placed N.B. into protective custody. At the November 3,…