In re Ricky R.

BACKGROUND

In October 2019, DPSS filed a petition under section 300, subdivisions (b)(1) and

(g), alleging that 10-year-old Ricky and eight-year-old Jayden were at substantial risk of

serious physical harm or illness and that they had been left without any provision for

support. The petition alleged that Mother abused controlled substances, had a criminal

history, and neglected the children’s health, safety, and well-being. It alleged that R.R.

2 (Father) failed to provide the children with adequate food, shelter, clothing, and other

types of support and that his whereabouts were unknown. (Father is not a party to this

appeal.)

Before the detention hearing, Mother told DPSS that she did not have any Indian

ancestry.1 DPSS was unable to locate and interview Father. Mother and Father were not

present at the detention hearing. But Mother’s counsel said that she had asked Mother

about Indian ancestry, and Mother denied any such ancestry. The court ordered both

parents to complete Judicial Council form ICWA-020 (Parental Notification of Indian

Status).

In preparation for the jurisdiction and disposition hearings, DPSS reported that it

still was unable to locate Father.…