In re D.S. CA2/1

BACKGROUND

We discuss only the facts pertinent to this appeal regarding the ICWA notice and not the facts leading up to the filing of the Welfare and Institutions Code section 300 petitions on behalf of the minors and the termination of parental rights.1 Father appeared at a May 21, 2002 detention hearing at which the following discussion regarding possible Indian heritage occurred. The juvenile court asked, “Are either one of [the minors] eligible to enroll in the American-Indian tribe?” Father replied, “Well, I mean, like my, um, grandmother and everybody said I was Indian but like –– they‟re like prejudiced, so I haven‟t been like really raised around any of my Indian- American family because they kind of resented my mama because my daddy was black.

Undesignated statutory references are to the Welfare and Institutions Code.

2 So, I mean, I really don‟t know as far as like who to go to to even consider it, you know what I‟m saying? Like, to look it up to see what kind of heritage I‟m from.” The court stated, “Okay. Do you know what kind of an Indian your grandmother was?” Father responded, “That‟s what I‟m saying. I don‟t even know. I mean, you know, my mother, I don‟t…