In re J.H. CA2/8

BACKGROUND

Mother’s six children were detained after concerns of neglect were reported by the children’s school, and the Department’s investigation revealed domestic violence between mother and father, and other serious safety issues. The petition states the children have no known Indian ancestry, and that mother and father denied any Indian ancestry during an interview on January 10, 2019. The detention report confirms that both mother and father denied that they or the children have any Indian heritage. At the February 25, 2019 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.” Paternal relatives were present at the detention hearing, including paternal grandmother, paternal grandfather, and paternal great-aunt. The juvenile court stated on the record “there is no reason to know this is a case involving the Indian Child Welfare Act as to either parent,” and no relative present at the hearing spoke up to say anything to the contrary. 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…