In re J.B. CA4/2

FACTS

The subjects of this dependency are mother’s three children—J.B. (born 2007),

N.B. (born 2013), and O.B. (born 2017). On May 17, 2019, the department received a

referral alleging the children were at risk of neglect. On July 24, the department

interviewed both parents, and both denied having Indian ancestry.

On August 14, 2019, the department filed a petition under section 300,

subdivision (b).

On August 20, 2019, mother filed an ICWA-020 form (Judicial Council Forms,

form ICWA-020 (ICWA-020)) in which she checked the box stating, “I have no Indian

ancestry as far as I know.” That same day mother’s counsel told the judge, “Mother

claims no Indian ancestry.” The children’s father also filled out an ICWA-020 form

claiming no knowledge of any Indian ancestry, and his counsel told the judge, “[t]here is

no ICWA.” The judge found the department “conducted a sufficient inquiry regarding

2 whether the child/children may have Indian ancestry,” and concluded ICWA didn’t

apply.

As of September 4, 2019, mother lived with the children’s maternal grandmother

and one maternal aunt. The children also have a maternal aunt in Georgia.

The judge held a contested jurisdiction…