In re Tristan W. CA2/5

FACTS

In June 2009, the Department of Children and Family Services (Department) removed Tristan and his three half-brothers2 from parents’ custody and filed a petition under section 300 alleging mother and father physically abused the children, engaged in domestic violence, and abused alcohol. The court detained the children and ordered the Department to investigate mother’s possible Indian heritage and provide reunification services to the parents. It later sustained a first amended petition. The Department mailed ICWA notices to the Cherokee tribes on June 23, 2009, but copies of the notices and the return receipts do not appear in the record on appeal. In July 2009, the Department received letters from the Cherokee Nation stating that Tristan was not considered an Indian child. Another letter from the United Keetoowah Band of Cherokee Indians states that one of Tristan’s half-brothers is not an Indian child, but makes no mention of Tristan. At a hearing on August 1, 2011, the court concluded ICWA did not

1All further statutory references are to the Welfare and Institutions Code, unless otherwise indicated.

2 Tristan is the only minor at issue in this appeal.

2 apply,…