S.N.
Kern County Department of Human Services v. S.N.
Opinion
lead Opinion
Gomes, J.
Appellant S.N. (mother) appeals from the juvenile court’s order denying her telephone visitation with her son J. Mother contends the court erred in denying her telephone visitation and failing to ask her whether she had any Indian heritage, as required for purposes of the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.). While we will find the court did not abuse its discretion in denying visitation, we agree the court erred in failing to ask mother about her Indian heritage. Accordingly, we will remand the matter with directions.
FACTUAL AND PROCEDURAL BACKGROUND
On June 24, 2005, the Kern County Department of Human Services (the Department) filed a petition alleging that then 10-year-old J., who was living with his maternal grandparents, came within the court’s jurisdiction pursuant to Welfare and Institutions Code section 300, subdivisions (b) (failure to protect), (c) (serious emotional damage) and (i) (cruelty). 1 It was alleged that J.’s father (father) failed to provide J. with adequate food, clothing, shelter or medical treatment, as father refused to allow J. to reside in his home and instead J. lived with his maternal grandparents in a filthy,…