In re F.B. CA3

background summary to ICWA-related facts and procedure unless otherwise relevant to the issue on appeal.

2 The court found the minor may be an Indian child and ordered the Department to notice the appropriate tribes and the Bureau of Indian Affairs. The court scheduled the disposition hearing to allow sufficient time for ICWA noticing. The September 2020 disposition report again stated ICWA “does not apply,” but again noted mother previously stated in the siblings’ case that she had Cherokee and Nansemond Indian ancestry and, more recently, signed a parental notification of Indian ancestry form stating she may have Indian ancestry but did not identify a specific tribe. At the October 8, 2020 contested disposition hearing, the court declared the minor a dependent of the juvenile court after finding there was a substantial danger to the minor’s health and safety if she were returned to the parents’ custody. The court found the parents each made minimal progress toward mitigating or alleviating the issues necessitating the minor’s removal and ordered supervised visitation for and reunification services to the parents. The court made no ICWA findings or orders. The parents filed…