In re E.R. CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Because the issue on appeal is limited to ICWA compliance, we do not need to provide a detailed recitation of the underlying facts and procedure. On January 9, 2024, the Agency filed a section 300 petition on behalf of then one- year-old E.R., based on the parents’ domestic violence, and the parents’ admission that they were guilty of severe physical abuse, torture, neglect and starvation of the minor’s older sibling which, collectively, had resulted in the sibling’s death. The Agency reported that mother might be affiliated with the Saginaw Chippewa tribe and father, although adopted, may be affiliated with the Paiute-Shoshone tribe. On January 10, 2024, father completed a Notification of Indian Status ICWA-020 form (ICWA-020 form) that reported he or his relatives could be affiliated with the Wintu or Paiute-Shoshone tribes. Mother’s ICWA-020 form reflected no known Indian ancestry. The detention hearing was held on January 10, 2024. Various maternal and paternal relatives attended the hearing. At the hearing, mother said she may have Indian ancestry, but that it was a small percentage and not enough to qualify for anything. She said her…