In re Alicia A. CA3

Good Law
Court of Appeal of CaliforniaAugust 23, 2022C095275California1,805 words

Opinion

Opinion

Hoch, J.

BACKGROUND

In accordance with father’s limited issues on appeal, we focus on the information related to the ICWA claims. Following the minor’s birth and positive test for amphetamine and methamphetamine, the Department filed a section 300 petition on her behalf alleging the minor was a person described in subdivision (b)(1). The petition alleged the minor suffered, or was at substantial risk of suffering, harm due to substance

Undesignated statutory references are to the Welfare and Institutions Code.

2 abuse by mother. The minor was discharged from the hospital into a confidential foster home under a voluntary placement agreement with mother. On November 24, 2020, mother reported to the emergency social worker that she may have Native American heritage but was unsure of the tribe. On December 3, 2020, father denied having any Native American heritage and later filed an ICWA-020 form confirming that denial. The Department filed an ICWA-010 form indicating the social worker had a “reason to believe the child is or may be an Indian child.” At the December 8, 2020, detention hearing, the juvenile court confirmed father was not claiming any Native American heritage, and the…

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