In re Z.W. CA2/1

BACKGROUND

On May 2, 2019, DCFS filed a section 300 petition. As later sustained, the petition alleged that mother abused amphetamine, methamphetamine, ecstasy, and marijuana and was thus unable to care for her children. On appeal, mother does not challenge these jurisdictional findings. Her sole claim of error on appeal is that DCFS did not interview extended family members about the children’s Indian ancestry and that this failure was prejudicial. We thus limit our background discussion to the ICWA proceedings below and the court’s orders. On May 3, 2019, at the detention hearing, the juvenile court asked paternal grandmother if her family had any Indian heritage. Paternal grandmother denied any such ancestry, and the juvenile court found as to father, it had no reason to know the children were Indian children. The juvenile court deferred any ICWA determination as to mother because mother did not appear at the detention hearing. On May 30, 2019, mother told a social worker that the children may have Indian ancestry. Mother did not provide the name of any specific tribe. Mother refused to provide maternal grandmother’s contact information. Mother reported she would check with…