In re K.F. CA6

STATEMENT OF THE CASE1

On January 14, 2014, a petition was filed by the Santa Clara County Department of Family and Children’s Services (Department) pursuant to Welfare and Institutions Code2 section 300, subdivisions (a), (b) and (c) on behalf of K.F., who was 14 years old at the time. There was an Indian Child Inquiry Attachment to the petition stating that K.F. might have Indian ancestry. At the detention hearing on January 15, 2014, the court found that the ICWA might apply and that notice to the relevant tribes must be sent. The ICWA notice of Child Custody Proceedings for Indian Child was filed by the Department on February 11, 2014. The ICWA notice was sent registered or certified mail to the relevant tribes on February 11, 2014. At the February 18, 2014 jurisdiction hearing, the court made the following statement with regard to the ICWA applicability: “I appreciate it’s a little short, but I don’t have reason to believe that his child is Native American or will be found such by the tribes. Obviously, if they decide she’s Native American, I can make that finding. It doesn’t make much sense to delay it when we have just a wisp of a belief that the family has heritage.” At…