In re A.S. CA1/4

I. BACKGROUND

On October 19, 2022, the Department filed a section 300 petition alleging the Children fell within the jurisdiction of the juvenile court based on the unsafe and unsanitary condition of the family home, as well as the parents’ verbal arguments and alcohol abuse. The Children had been removed from parental custody and placed in foster care. As to ICWA, the Department attached to the petition a form for each child (Judicial Council form ICWA-010(A)) stating that a social worker had spoken with the parents, and that these inquiries provided no reason to believe the child was an Indian child. But another checked box on the form states the Department “contacted the tribe(s) that the child may be affiliated with and worked with them to establish whether the child is a member or eligible for membership in the tribe(s).” The form states that information about these contacts is attached, but no additional attachments are included. After a detention hearing on October 20, 2022, the court ordered that the Children remain out of parental custody. In a report for the hearing, the Department stated Father had reported that he is eligible to enroll in the Chumash tribe and another…