In re Jesus S. CA5

INTRODUCTION

Appellant Jesus S., Jr., was the subject of a Welfare and Institutions Code section 6021 petition. The juvenile court found that the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1900 et seq.) did not apply and removed Jesus from his father’s care, delegating to the probation department the selection of an appropriate placement. Jesus contends, and the People concede, the delegation of authority over the selection of an appropriate placement was unauthorized. Jesus also contends the juvenile court failed to comply with ICWA before ordering an out-of-home placement. We agree.

FACTUAL AND PROCEDURAL SUMMARY

On October 11, 2012, Jesus’s father (father) filed Judicial Council form ICWA-020 stating that he (father) “may have Indian ancestry” and that the tribe was “unk.” The form specifically states that the form is “not intended to constitute a complete inquiry into Indian heritage.” The record does not contain any evidence demonstrating that any further inquiry as to Indian ancestry, or notice to any tribe or the Bureau of Indian Affairs (BIA), was made. On October 18, 2012, after Jesus admitted to committing a misdemeanor burglary in Stanislaus County, his case was…