In re J.A. CA3

FACTS

In June 2014, the court ordered the two-month-old minor, J.A., detained due to mother’s continued contact with father knowing of his propensity for violence. Mother is unable to care for the minor without assistance. Father has a history of anger and violence. The parents failed to engage in court-ordered services in two prior cases involving the minor’s siblings and parental rights to the siblings were terminated in 2013. The detention report stated the siblings were being adopted by a paternal relative. Father completed an ICWA-020 form (Parental Notification of Indian Status) by checking a box which stated: “I may have Indian ancestry” but did not identify a tribe. On the form, father explained: “Doesn’t know -- not able to get information.” The court ordered the Department to notice any federally recognized tribes and ordered father to complete an Indian Ancestry Questionnaire and return it to the Department within two days. A July 1, 2014, declaration filed by a paralegal who has responsibility for the ICWA notice stated father’s questionnaire had not been received and his tribe was unknown. The paralegal called father at three different numbers and finally left two…