In re G.Y. CA5

I. Facts and Procedural Background Prior to First Appeal.

In April 2021, the department filed dependency petitions alleging the child and his four siblings were described by section 300, subdivision (b)(1).4 The allegations involved mother’s failure to supervise and provide adequate food, shelter, and medical treatment for the child and her siblings (collectively, the children). The conditions of mother’s home were described as filthy with a foul odor and roaches crawling throughout the home. The agency’s detention report identified Harold Y. (father) as the alleged father of the child, and his whereabouts were unknown to the department. On April 6, 2021, mother filed a “Parental Notification of Indian Status” form (ICWA-030), which indicated that one or more of her parents, grandparents, or lineal ancestors were members of a federally recognized tribe. At the detention hearing held on April 16, 2021, mother was present and appointed counsel. “The juvenile court inquired of mother regarding potential Indian ancestry, and she responded, ‘I was told that I’m part Indian.’ She also stated that she did not ‘know anything about what part of India or any of that.’ Mother explained…