In re J.V. CA4/1

BACKGROUND

The sole issue on appeal is compliance with ICWA; thus, we do not provide a detailed factual background. After Father subjected one of his children to physical abuse, the Agency filed a petition to detain J.V., M.V., and N.V. (§ 300, subds. (a), (j).) There was also a history of physical abuse. The Agency noted on the Indian Child Inquiry Attachment that it asked the parents about any Native American ancestry. But it left blank whether the answers gave it reason to believe there was Native American ancestry. In the detention report, the Agency stated ICWA did not apply because the parents denied Native American ancestry.

Further statutory designations are to the Welfare and Institutions Code unless otherwise specified. 2 The parents lived with various relatives, including up to 20 family members. During the initial investigation, the Agency spoke with maternal grandmother, paternal grandmother, and two maternal aunts. The Agency did not document any ICWA inquiry with any of these relatives. At the detention hearing on January 27, 2021, the juvenile court stated that neither parent claimed Native American heritage. It further stated it did not have a sufficient…