In re D.S. CA4/3

FACTS AND PROCEDURAL HISTORY

Because the sole issue on appeal is limited to ICWA compliance, we will set forth only those facts relevant to the ICWA inquiry and notice requirements. On November 2, 2021, SSA filed a juvenile dependency petition alleging inadequate supervision and inability of Mother to provide care for the child (then 13 years old). (§ 300, subds. (b)(1) & (c).) The alleged father is deceased. On November 3, 2021, at a detention hearing, Mother indicated through counsel that she may have Native American ancestry. Mother was unsure of the tribe. The juvenile court deferred making an ICWA finding and directed SSA to investigate the child’s American Indian heritage and provide notice to the “appropriate tribe.” On December 9, 2021, at an arraignment hearing, Mother again indicated through counsel that she may have Native American ancestry. The juvenile court again deferred making an ICWA finding and directed the SSA to complete a proper inquiry. On January 11, 2022, SSA interviewed maternal grandmother by phone regarding the child’s American Indian ancestry.

1 Further undesignated statutory references are to the Welfare and Institutions Code.

2 On January 20, 2022,…