In re J.C. CA4/2

Good Law
Court of Appeal of CaliforniaMay 26, 2022E078287California2,583 words

Opinion

Opinion

I.

FACTS

J.C. came to the department’s attention when they received a referral alleging

mother tested positive for marijuana, methamphetamine, and opiates at his birth. The

department interviewed mother and J.C.’s father the same day, and both denied any

Indian ancestry.

On November 20, 2020, the department placed J.C. in protective custody. Four

days later the department filed a petition under section 300, subdivision (b), and a

detention report. The department reported they couldn’t identify any relative placements

for J.C. after talking to the parents. Father said his relatives lived out-of-state and he had

minimal contact with them. Father also said he was previously removed from his

biological parents’ care.

2 On November 25, 2020, both parents filed ICWA-020 forms (Judicial Council

Forms, form ICWA-020 (ICWA-020)). Mother denied that any of the possible Indian

statuses applied to her or J.C., and Father’s form was apparently incomplete.

The same day Riverside County Superior Court Judge Judith C. Clark held a

detention hearing. Both parents were present. Mother confirmed her ICWA-020 form

indicated she wasn’t aware of any Indian ancestry. Father also…

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