In re R.B. CA6

I. BACKGROUND

A. Initiation of Dependency Proceedings

The department filed juvenile dependency petitions as to then two-year-old Re.B. and 11-month-old Ry.B. under section 300, subdivision (b)(1), alleging substance abuse by both parents and domestic violence by father against mother in the minors’ presence. The children were not detained and remained with mother pending the jurisdiction and disposition hearing, consistent with the department’s placement recommendation. B. Initial ICWA Inquiry

During her initial interview with the social worker, mother reported she had Blackfoot and Cherokee ancestry but that her family was not registered with a tribe. Father reported Indian ancestry but stated he did not know the tribe. Based on the parents’ answers, the department indicated in its petition that its initial ICWA inquiry supplied “reason to believe” that the children are or may be Indian children.2 Mother and maternal grandmother were present at the detention hearing. Mother reiterated she had Blackfoot and Cherokee ancestry but that her family was not registered with a tribe. Maternal grandmother said she was unsure whether any of her

2 “The language of both…