In re D.D. CA3

I. BACKGROUND

Because father’s challenge on appeal is limited to ICWA compliance, we limit our recitation of the facts and procedural history to those necessary to determine that issue. Following the minor’s premature birth and report that he had tested positive for methamphetamine and cannabis, mother and father agreed to a protective emergency placement.2 However, neither parent complied with their informal services plan, resulting in the filing of a dependency petition. At an interview on December 17, 2019, both parents denied they had any Native American ancestry. The parents were then present at the 9:00 a.m. detention hearing on

2 It was later reported that the minor had not tested positive for methamphetamine and cannabis, but the Department still worried the minor could not be safely maintained by his parents due to his fragile medical condition, mother’s untreated substance abuse and mental health issues, and father’s anger management issues.

2 March 18, 2020, wherein through their attorneys they filed ICWA-020 forms denying heritage, and the court determined the minor was not an Indian child and ICWA did not apply. The same day at 3:31 p.m., mother (acting in pro per)…