In re Makaila B. CA5

STATEMENT OF THE CASE AND FACTS

A section 300 petition, filed on February 27, 2012, alleged that Makaila, age three, Michael, age 21 months, and Richard, age three months, were at risk of harm after their mother and father engaged in domestic violence (§ 300, subd. (b)) and mother was incarcerated (§ 300, subd. (g)). Mother and father had an extensive police history for domestic violence, and, in this instance, mother was arrested as the aggressor.

At the time the children were removed, father said he had possible Indian heritage, but in a form entitled, “Indian Child Welfare Act Inquiry Review,” completed that same

On this court’s own motion, the appeals in case Nos. F069961 and F070031 are hereby ordered consolidated under case No. F069961 and all documents shall be filed in that case. All further statutory references are to the Welfare and Institutions Code unless otherwise stated.

2. day, he stated neither he nor the children had any Indian ancestry. The detention report stated that, in a previous referral, mother had stated she had no Native American heritage. At the detention hearing on February 28, 2012, father was not present, but mother, who was, stated…