In re K.T. CA4/2

BACKGROUND

In September 2019, the Department filed a section 300 petition alleging father’s

three children came within the juvenile court’s jurisdiction because of domestic violence

in the home of their mother and her boyfriend, and because their father was unable to

provide a suitable and stable home environment because of his health issues and living

1 All further statutory references are to the Welfare and Institutions Code unless otherwise noted, and references to rules are to California Rules of Court. 2 conditions. The children were left in the care of their parents pending further

investigation.

At the out-of-custody hearing, both parents completed a Parental Notification of

Indian Status ICWA-020 form as required by rule 5.481(a)(2)(C), stating they did not

have Indian ancestry as far as they knew. The court made a follow-up inquiry in

accordance with subdivision (c) of section 224.2 and both parents confirmed they did not

have Native American background, but it failed to advise the parents to inform the court

if they subsequently received information that provides reason to know if the children are

Indian children. The court found the Department had conducted…