In re R.C. CA3

Good Law
Court of Appeal of CaliforniaMay 1, 2023C097058California941 words

Opinion

Opinion

BACKGROUND

Because the sole issue on appeal is ICWA compliance, a detailed recitation of the non-ICWA related facts and procedural history is unnecessary to our resolution of this appeal. Father was once married to the minor’s mother, A.C. (mother). The parents separated in 2017, and mother married C.K. (stepfather) in 2022. In April 2022, stepfather filed an adoption request and a petition to declare the minor free from the parental control and custody of father. Stepfather requested the court terminate father’s parental rights and allow stepfather to adopt the minor, alleging father intentionally abandoned the minor. The adoption request stated that “inquiry required under law to determine whether the child may be an Indian child has been made, and a completed Indian Child Inquiry Attachment (form ICWA-010(A)) is attached.” The attached ICWA-010(A) form stated that stepfather asked mother about the minor’s possible Indian status and was given “no reason to believe the child is or may be an Indian child.” Father made his initial appearance in the case by telephone at the June 17, 2022 hearing on stepfather’s petition. Father stated his opposition to the petition and the court…

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