In re M.H. CA2/8

BACKGROUND

M.H. and T.H. were detained from mother and father after infant T.H. was taken to the hospital and doctors discovered numerous fractures in varying stages of healing, which were deemed suspicious for physical abuse. The petition states the children have no known Indian ancestry. At the February 4, 2020 detention hearing, mother and father filed parental notification of Indian status forms (ICWA–020) indicating “I have no Indian ancestry as far as I know.” The juvenile court acknowledged that “[b]oth parents have indicated under penalty of perjury that they do not believe they have Native American ancestry. Based thereon, the court finds that the ICWA does not apply to these two children.” The minute order from the hearing recites that the “[p]arents are to keep the Department, their Attorney and the Court aware of any new information relating to possible ICWA status.” A similar warning is recited in boldface font on the ICWA–020 forms. The Department’s jurisdiction and disposition report reflects that mother once again denied any Indian ancestry on March 10, 2020. Mother reported that maternal grandmother is Filipino, and maternal grandfather is American and Filipino.…