In re J.K.

FACTS AND PROCEDURAL HISTORY

Mother and A.A. (father, who is not a party to this appeal) are the natural parents of J.K., born in February 2021. CWS filed a section 300 petition alleging among other things that J.K. tested positive for drugs after his birth. CWS asserted in its detention report that ICWA did not apply because both parents

2 “[B]ecause ICWA use the term ‘Indian,’ we do the same for consistency, even though we recognize that other terms, such as ‘Native American’ or ‘indigenous,’ are preferred by many.” (In re Benjamin M. (2021) 70 Cal.App.5th 735, 739, fn.1.)

2 had denied Indian ancestry and that mother’s parental rights to J.K.’s half-sibling Z.V.K. had recently been terminated. Both parents appeared at the detention hearing, denied Indian ancestry, and completed and filed the Parental Notification of Indian Status form (ICWA-020) to attest that they had no Indian ancestry. At the request of CWS’s counsel, the court found ICWA did not apply and took judicial notice of the recent finding that ICWA did not apply in Z.V.K.’s dependency case. The court also took judicial notice of the reports in Z.V.K.’s case, which contained no indication that CWS had made ICWA-…