In re K.C. CA2/6

FACTS AND PROCEDURAL BACKGROUND

K.C. was taken into protective custody after he tested positive for amphetamines and methamphetamine at birth. HSA’s section 300 petition alleged K.C. was at risk of harm because of his parents’ substance abuse issues and noted that two of his half-siblings were dependents of the juvenile court due to mother’s drug use during those pregnancies.3 Mother and father attended the detention hearing on June 25, 2020. They presented their ICWA-020 Parental Notification of Indian Status forms in which they each stated: “I have no American Indian ancestry as far as I know.” No other ICWA information was offered to the juvenile court. Based on parents’ representations, the court found ICWA does not apply to K.C.

2Because ICWA uses the term “Indian,” we will 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.)

3 Mother has six children in addition to K.C. Two are adults; one is in the juvenile delinquency system; two are in parental custody and receiving family maintenance services; and one is receiving permanent…