In re L.W. CA3

I. BACKGROUND

We dispense with a detailed recitation of the underlying facts and procedure as unnecessary to our resolution of the limited issue on appeal. It is sufficient to say that in January 2023, the Agency initiated dependency proceedings by filing a section 300 dependency petition on behalf of the minors. At the outset, the Agency asked mother and father about the minors’ Indian status; neither parent gave any reason to believe the minors were or may be Indian children. In its detention report filed on January 23, 2023, the Agency indicated that both mother and father denied any Native American ancestry and that the ICWA did not apply. Mother and father filed ICWA-020 parental notification of Indian status forms indicating that they did not know of any Indian ancestry. At the detention hearing on January 24, 2023, the juvenile court asked mother, father, maternal aunt Maurina F., paternal grandfather, and maternal grandmother whether they knew of any Indian ancestry. Each responded in the negative. In its disposition report filed on February 27, 2023, the Agency again stated that “[t]he Indian Child Welfare Act does not apply.” The report indicated that mother, father,…