S.People

S.People v. Superior Court CA3

Good Law
Court of Appeal of CaliforniaOctober 31, 2024C101284California1,144 words

Opinion

Opinion

DISCUSSION

Petitioner contends, and the Agency concedes, further inquiry of relatives and extended family members regarding the minor’s potential Indian heritage is necessary to meet the requirements of the ICWA. We agree. The newborn minor was removed from petitioner’s custody and care pursuant to a November 29, 2022, dependency petition alleging petitioner’s failure to protect the minor due to petitioner’s untreated mental illness and substance abuse during pregnancy. (§ 300, subd. (b)(1).) The detention report stated that petitioner denied Indian ancestry and that, as a result, the Agency had no reason to believe that the minor was an Indian

Undesignated statutory references are to the Welfare and Institutions Code. Undesignated rule references are to the California Rules of Court. 2 child. Petitioner reported that she was adopted and that the minor’s father was also adopted. Petitioner provided a Parental Notification of Indian Status (ICWA-020) form, stating she had no Indian ancestry. The father provided an ICWA-020 form, which indicated having possible Indian ancestry with an unknown tribe. The Agency subsequently filed a copy of a form served on the Bureau…

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